Republic
of the
Philippines
SUPREME
COURT
Manila
SECOND
DIVISION
PELAGIA
V. AGUILAR, ET AL.,
Petitioners,
G. R. No. L-26675
May 25, 1979
-versus-
COURT
OF APPEALS,
COURT OF FIRST INSTANCE OF MANILA,
SHERIFF OF MANILA and LA JOLLA, INC.,
Respondents.
R
E S O L U T I O N
ABAD SANTOS, J.:
This is an
appeal by certoriari to review a Decision
of the Court of Appeals. After issues were joined, the case was
submitted
for decision on March 30, 1967. It remained unacted until May 7, 1979
when
this Court issued the following resolution:
In L-26675 entitled, Pelagia V. Aguilar,
et
al.,
vs. Court of Appeals, et al. which involves questions of law relating
to
ejectment suits filed against the petitioners; considering that
ejectment
suits are summary in nature so as to afford the plaintiff expeditious
relief;
and considering that events may have transpired through the long lapse
of time since the suits were commenced in January, 1965, and which may
have changed the status of the litigants with respect to the disputed
premises
and altered their remedial rights, the parties are required to inform
the
Court within ten [10] days after receipt of this resolution whether or
not the petition has become moot and academic."
Counsel for
petitioners responded with a Manifestation
dated May 15, 1979 as follows:
PETITIONERS, through counsel, with
reference
to the Resolution dated May 7, 1979, a copy of which was received on
May
9, 1979, to this Honorable Court respectfully manifest that they are
still
occupying the premises leased to them based on adjusted monthly rentals
and for this reason, they accordingly consider their petition in this
case
already moot and academic.
Respondents
have not filed any manifestation. However,
they seek no relief other than the dismissal of the present petition.
WHEREFORE, the
petition is hereby dismissed for
having become moot and academic. No costs.
SO ORDERED.
Antonio,
Aquino, Concepcion, Jr., and Santos,
JJ., concur.
___________________________________
Endnote
[**]
Justice Antonio P. Barredo is on leave.
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