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[ G.R. No. 136238. July 14, 1999]

MSRP REALTY & DEV'T CORP. et al. vs. W.M. MENDOZA CONSTRUCTION CO. et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 14, 1999.

G.R. No. 136238 (MSRP Realty and Development Corporation and Mrs. Manuel Rumion thru the Latter's Attorney-in-Fact Atty. Lord M. Marapano vs. W.M. Mendoza Construction Co. and Wenceslao M. Mendoza.)

On 12 November 1998 petitioners filed a petition for review assailing the decision and resolution of the Court of Appeals dated 30 July 1998 and 20 October 1998, respondent. In the resolution of 1 February 1999 we required respondents to comment thereon.

On 5 May 1999, before respondents could comment on the petition, petitioners filed Motion to Withdraw Petitioners' Petition for Certiorari stating that (a) on 30 April 1999 anent Civil Case No. CEB-19532 (origin of petition), petitioners and respondents, with their respective counsel, submitted a Comprehensive Agreement before the RTC-Br. 22, Cebu City and (b) under par. 3 of the Agreement it was provided "That the defendants (herein petitioners) shall withdraw immediately the case they have filed with the Supreme Court, which is an off shoot of the above-entitled case." In view thereof they move that they be allowed to withdraw the instant petition.

ACCORDINGLY, the Court Resolves to GRANT the motion of petitioners; consequently, insofar as this Court is concerned, the petition is DISMISSED. However, the parties are enjoined to pursue the approval of their Compromise Agreement before the trial court and thereafter to faithfully abide by its terms in order to finally end this "prolonged and protracted" litigation.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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