January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 187691 : January 16, 2012]
OLYMPIA HOUSING, INC. v. ALLAN LAPASTORA AND IRENE UBALUBAO
G.R. No. 187691 (Olympia Housing, Inc. v. Allan Lapastora and Irene Ubalubao). - The present case is a Petition for Review on Certiorari[1] under Rule 45 of the 1997 Rules of Civil Procedure filed by petitioner Olympia Housing, Inc. (Olympia), praying for the review and reversal or modification of the Court of Appeals' Decision[2] promulgated on April 28, 2009.
On April 4, 2011, respondent Irene Ubalubao (Ubalubao) filed a Motion to Dismiss/Withdraw Complaint and Waiver[3] due to the amicable settlement between the parties. Attached with the said Motion was Quitclaim and Release (Pagtalikod at Pagpapawalang-Saysay)[4] dated March 25, 2010 executed by respondent Ubalubao. After we required petitioner Olympia to comment on respondent Ubalubao's Motion, the petitioner on December 14, 2011 filed his Comment,[5] praying that respondent Ubalubao's Motion to Dismiss be granted.
However, we take note that the Quitclaim and Release is between petitioner Olympia and respondent Ubalubao only and that the dismissal of the complaint does not affect respondent Allan Lapastora (Lapastora). Thus, the petition shall proceed as to respondent Lapastora.cralaw
WHEREFORE, the Motion to Dismiss/Withdraw Complaint and Waiver filed by respondent Ubalubao is hereby GRANTED.
This case is now considered CLOSED and TERMINATED as to respondent Irene Ubalubao only. [Perlas-Bernabe, J., additional member vice Brion, J. - per Special Order No. 1174 dated 9 January 2012].
SO ORDERED.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Endnotes:
[1] Rollo, pp. 3-32.[2] Penned by Associate Justice Hakim S. Abdulwahid, with Associate Justices Arturo G. Tayag and Myrna Dimaranan Vidal, concurring; id. at 34-48.
[3] Id. at 266-268.
[4] Id. at 269.
[5] Id. at 287-289.