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[ G.R. No. 110049. March 15, 1999]

ASTORGA vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 15, 1999.

G.R. No. 110049 (Herminio Astorga vs. Court of Appeals, et al.)

In a Memorandum dated 12 March 1999, Atty. Virginia Ancheta-Soriano, Clerk of Court, First Division, stated as follows:

The motion for extension of time to file petition for review on certiorari in the above-entitled case was received by the First Division on May 26, 1993. The petition for review on certiorari was received on June 28, 1993. The case has reached the rejoinder stage when the same was unloaded to the Third Division per En Banc list dated September 10, 1996. Thereafter, the case was referred from one division to another, as follows:

Back to First Division (per En Banc List) September 30, 1996

To Second Division (per En Banc List) November 20, 1996

Back to First Division (Reso) March 10, 1997

To Third Division (Reso) June 23, 1997

Back to First Division (Reso) September 7, 1998

Please be informed that on June 18, 1997, the First Division sent the rollo of the case to the OCJ Rollo Room for the June 23, 1997 Agenda. (Please see attached receipt) The rollo of the case was never returned since then.

We were able to secure a copy of the petition for review on certiorari from the Court of Appeals and the resolutions of the Court. We compiled them in a temporary rollo. We have also requested for the Court of Appeals record. May the undersigned be given authority to reconstitute the rollo of the case with the assistance of the parties?

We await your instruction on the matter.

Evidently then, there is a need to reconstitute the rollo of this case.

Accordingly, the Clerk of Court of the First Division is hereby authorized to reconstitute within sixty (60) days from today the rollo of this case, with the assistance of the parties, through counsel. A report of the completion of the reconstitution shall thereafter be submitted to the Court.

In the meanwhile, private respondent's Motion for Early Resolution dated 23 February 1999 is NOTED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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