January 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2011 > January 2011 Resolutions >
[G.R. No. 170596 : January 10, 2011] NGO SIN SING, ET AL. VS. LI SENG GIAP AND INC., ET AL. :
[G.R. No. 170596 : January 10, 2011]
NGO SIN SING, ET AL. VS. LI SENG GIAP AND INC., ET AL.
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 10 January 2011, which reads as follows:
G.R. No. 170596 (Ngo Sin Sing, et al. v. Li Seng Giap and Inc., et al.). - Considering that respondent Contech Construction Technology Development Corporation (Contech) failed to file its Comment and Memorandum, as required in the Resolutions dated June 26, 2006 and July 25, 2007, respectively, the Court dispensed with the filing of the aforesaid pleadings[1] and rendered judgment on November 28, 2008.[2] The subsequent motion for reconsideration filed by respondent Li Seng Giap and Sons, Inc. (Li Seng Giap, Inc.) was denied with finality in the Resolution dated June 21, 2010.[3]
Notably from the start, Court resolutions/processes sent to respondent Contech at the address(es) on record were returned unserved with notations, such as "moved-out," "unclaimed," or "addressee unknown." Likewise, services of the Court's judgment dated November 28, 2008 and Resolution dated June 21, 2010, denying Li Seng Giap, Inc.'s Motion for Reconsideration on Contech, were futile.
In the Resolution of October 4, 2010, the Court directed the parties to exert earnest efforts to furnish this Court with the current address of Contech. Counsel for petitioners filed its compliance dated November 5, 2010, apparently furnishing the same addresses on record. Consequently, the Clerk of Court reported that several attempts of service of resolutions have been made at the given address, but to no avail. Li Seng Giap, Inc., on the other hand, submitted its compliance stating that, to date, it has not found the new address of said corporation.
In view of these developments in the instant case, the Court resolved to consider the Notice of Judgment dated November 28, 2008 and the Resolution' dated June 21, 2010, denying the Motion for Reconsideration filed by Li Seng Giap, as DEEMED SERVED.
Let Entry of Judgment be made in due course. SO ORDERED.
G.R. No. 170596 (Ngo Sin Sing, et al. v. Li Seng Giap and Inc., et al.). - Considering that respondent Contech Construction Technology Development Corporation (Contech) failed to file its Comment and Memorandum, as required in the Resolutions dated June 26, 2006 and July 25, 2007, respectively, the Court dispensed with the filing of the aforesaid pleadings[1] and rendered judgment on November 28, 2008.[2] The subsequent motion for reconsideration filed by respondent Li Seng Giap and Sons, Inc. (Li Seng Giap, Inc.) was denied with finality in the Resolution dated June 21, 2010.[3]
Notably from the start, Court resolutions/processes sent to respondent Contech at the address(es) on record were returned unserved with notations, such as "moved-out," "unclaimed," or "addressee unknown." Likewise, services of the Court's judgment dated November 28, 2008 and Resolution dated June 21, 2010, denying Li Seng Giap, Inc.'s Motion for Reconsideration on Contech, were futile.
In the Resolution of October 4, 2010, the Court directed the parties to exert earnest efforts to furnish this Court with the current address of Contech. Counsel for petitioners filed its compliance dated November 5, 2010, apparently furnishing the same addresses on record. Consequently, the Clerk of Court reported that several attempts of service of resolutions have been made at the given address, but to no avail. Li Seng Giap, Inc., on the other hand, submitted its compliance stating that, to date, it has not found the new address of said corporation.
In view of these developments in the instant case, the Court resolved to consider the Notice of Judgment dated November 28, 2008 and the Resolution' dated June 21, 2010, denying the Motion for Reconsideration filed by Li Seng Giap, as DEEMED SERVED.
Let Entry of Judgment be made in due course. SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] Resolution dated April 11, 2007, rollo, p. 321; and Resolution dated March 3, 2008, rollo, p. 506.
[2] Id. at 510-527.
[3] Id. at 683.
