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[ G.R. No. 136336. February 1, 1999]

ENRICO BANDIOLA vs. JOSELITO PAVA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 1, 1999.

G.R. No. 136336 (Enrico Bandiola vs. Joselito Pava, et al.)

Acting on the petition for review on certiorari, the Court RESOLVES to DENY the same pursuant to Section3, Rule 45 in relation to Section 5 (c) Rule 56 of the 1997 Rules of Civil Procedure, petitioner having failed to timely pay the legal fees and deposit for costs, and to Section 3 and 5, Rule 45 in relation to Section 5(d), Rule 56, and Section 13, Rule 13 and Section 4(d), Rule 45 of the same Rules, as he likewise failed to submit the registry of receipts as proof of mailing of copies of the petition on the respondent and on the Court of Appeals and the duplicate original or certified true copy of the questioned resolution of the Court of Appeals dated August 19, 1998.

Accordingly, the transmittal letter of petitioner dated November 18, 1998 forwarding to this Court his attached letter dated September 9, 1998 stating that he is filing therewith the petition for review on certiorari with enclosed payment for docket and other fees is NOTED WITHOUT ACTION. Petitioner's motion dated September 28, 1998 to accept late payment of the sheriff's deposit fee and miscellaneous fee in the amounts of P510.00 and P10.00, respectively, is DENIED for lack of merit.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court

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