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	GR NO. 163569 2005-12-09	PHILIPPINE RADIANT PRODUCTS v. METROPOLITAN BANK CALLEJO, SR., J.
SO ORDERED.[38] MBTC appended thereto a copy of the first page of its petition in CA-G.R. SP No. 73241 and the demand for the payment of the aforesaid amount.[39] MBTC received a notice of sale at public auction of its property covered by TCT No. 160610 on November 26, 2002.[40] MBTC was impelled to file with the appellate court, in CA-G.R. SP No. 73432, an urgent motion for the early resolution of its plea for a temporary restraining order.[41]
	GR NO. 163569 2005-12-09	PHILIPPINE RADIANT PRODUCTS v. METROPOLITAN BANK CALLEJO, SR., J.
SO ORDERED.[49] The CA ruled that the dismissal of the petition by the Special Ninth Division in CA-G.R. SP No. 73241 was not a resolution of the case on the merits. Hence, MBTC may refile its petition for certiorari and mandamus. The appellate court declared that, in any event, the petition before it was filed within the period therefor.