February 2011 - Philippine Supreme Court Resolutions
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[G.R. No. 193534 : February 21, 2011] SPOUSES MANUEL AND EVELYN TIO VS. BANK OF THE PHILIPPINE ISLANDS [FORMERLY FAR EAST BANK AND TRUST COMPANY], CAUAYAN CITY BRANCH:
[G.R. No. 193534 : February 21, 2011]
SPOUSES MANUEL AND EVELYN TIO VS. BANK OF THE PHILIPPINE ISLANDS [FORMERLY FAR EAST BANK AND TRUST COMPANY], CAUAYAN CITY BRANCH
Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution dated 21 February 2011 which reads as follows:
"G.R. No. 193534 (Spouses Manuel and Evelyn Tio vs. Bank of the Philippine Islands [formerly Far East Bank and Trust Company], Cauayan City Branch).- The Court resolves:
(1) to NOTE the 1st Indorsement Letter dated 03 December 2010 (photocopy only) of Atty. Gorgonio B. Elarmo. Jr., Office of the Chief Justice, referring to the Clerk of Court Second Division for appropriate action the attached letter dated 17 November 2010 of Atty. Jose Tomas Syquia, collaborating counsel for petitioner Spouses Tio; (2) the aforesaid letter of Atty. Jose Tomas Syquia requesting that G.R. No. 194091 entitled �Bank of the Philippine Islands vs. Goldstar Milling Corporation, et al.," a Second Division case, be consolidated with G.R. No. 193534; (3) to NOTE and ACCEPT the compliance by petitioners with the Resolution dated 27 September 2010, submitting the handwritten explanation why personal service was not made on respondent as required under Sec. 11, Ride 13, 1997 Rules of Civil Procedure, as amended: (4) to NOTE petitioners' manifestation, submitting additional documents relevant to the history and development of this case; and (5) to NOTE petitioners' payment for the prayer for issuance of a temporary restraining order and as deposit for sheriffs fee in the amount of P1,200.00 per O.R. No. 0011401 dated 04 February 2011.
Considering petitioners� omnibus motion for reconsideration of the Resolution dated 06 December 2010 which denied the petition for review on certiorari, the Court further resolves:
(a)to GRANT reconsideration; (b)to REINSTATE the petition; and (c)to require respondent to COMMENT on the petition for review on certiorari (not to file a motion to dismiss) within ten (10) days from notice hereof." DE CASTRO, J., on official leave; NACHURA, J., additional member per S.O. No. 947.
Very truly yours,
(Sgd.) EDGAR O. ARICHETA
Clerk of Court