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[G.R. No. 132894.October 18, 1999]

SPOUSES WILFREDO AND LOLINE NUNAO vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information. is a resolution of this Court dated OCT 18 1999.

G.R. No. 132894 ( Spouses Wilfredo and Loline Nunao vs. Court of Appeals and Lealtad Morente. )

On March 23, 1998, petitioners filed before us a petition seeking to set aside two resolutions of the Court of Appeals. The first resolution dated December 3, 1997 dismissed the petition for review filed before the Court of Appeals on the ground that the certified copies of the judgment or final orders attached to the petition were not certified by the Clerk of Court of the Regional Trial Court but by a mere court stenographer.

The second resolution dated January 15, 1998 denied petitioners' motion for reconsideration.

The facts are:

On January 13, 1997 respondent filed with the Municipal Trial Court of Pinamalayan, Oriental Mindoro a complaint for forcible entry. After due hearing, on May 9, 1997, the trial court rendered judgment in favor of respondent. The dispositive portion reads:

"WHEREFORE, premises considered judgment is hereby rendered in favor of plaintiff Lealtad A. Morente and against defendant spouse Wiifredo and Loline Nunao ordering them to:

"1. vacate lot C-l-Y and restore plaintiff's possession of the same;

"2. pay plaintiff the amount of Pl,000 a month from December 1996 until they have vacated the premises;

"3. pay attorney's fees in the amount of P20,000.00; and

"4. costs of suit.

"SO ORDERED.

"Pinamalayan, Oriental Mindoro.

"May 9, 1997.

"GODOFREDO G. HERNANDEZ SR.

"Municipal Trial Court Judge" 1 Decision in Civil Case No. 514, Municipal Trial Court, Pinamalayan, Oriental Mindoro, Rollo, pp. 75-77.

On appeal, the Regional Trial Court 2 In Civil Case No. R-1344-97.affirmed in toto the decision of the Municipal Trial Court.

On November 20, 1997 petitioners filed with the Court of Appeals a petition for review of the above decision. However, on December 3, 1997, the Court of Appeals denied due course to the petition based on technical grounds.

Hence, this petition.

On September 6, 1999, petitioners filed a manifestation stating that on December 28, 1998, the parties herein arrived at an amicable settlement not only in this case but in all other cases pending before the lower court. In view thereof, petitioner prayed that the above entitled case be closed and terminated.

Considering the manifestation and the supporting annexes which showed that the parties had arrived at a compromise agreement and that the Municipal Trial Court and the Regional Thai Court in Pinamalayan, Oriental Mindoro, approved the compromise agreement, 3 Rendered by Judge Godofredo G. Hernandez, Sr.we resolve to DISMISS the instant petition for review of the Court of Appeals' resolutions dated December 3, 1997 and January 15, 1998 in C.A. G.R. SP No. 45883.

No costs.

KAPUNAN and YNARES-SANTIAGO, JJ., are on official leave.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court


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