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[ G.R. No. 132299. August 25, 1999]

Quoted hereunder, for your information, is a resolution of this court dated AUG 25, 1999.

G.R. No. 132299 (Oscar Lapi, Filomena Lapig, Joseph Naciano and Pelagia Lapig Nacianceno, Petitioners, vs. Hon. Arturo Tayag, as Presiding Judge of Regional Trial Court, Branch 79, Malolos, Bulacan, and Federico Burgos, respondents.)

The instant petition for review on certiorari seeks to reverse and set aside the decision of the Regional Trial Court in Malolos, Bulacan which denied their motion for execution pending appeal of the complaint for forcible entry and unlawful detainer filed against respondent before the Municipal Trial Court of Sta. Maria, Bulacan, contending that the same is allowed under Section 10, Rule 70 of the old Rules of Court and Section 21 of the Revised Ruled on Summary Procedure.

However, during the pendency of the petition, the trial court came out with a decision, which was appealed to the Court of Appeals and the said Court affirmed the appealed decision. The case was then remanded to the Court of origin for proper disposition.

In view of the foregoing and it appearing that a writ of execution was already by the Trial Court of origin, the petition under scrutiny has become moot and academic.

SO ORDERED.