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[ G.R. No. 134392. October 13, 1999]

NOTOSHI KITAMURA vs. HON. RAMON CODILLA, JR., et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated OCT 13, 1999.

G.R. No. 134392 (Notoshi Kitamura vs. Hon. Ramon Codilla, Jr., et al.)

Counsel for petitioner, in the "Reply," dated 28 August 1999, informed the Court that petitioner Motoshi Kitamura had committed suicide1 [Petitioner's death certificate is attached on the reply as an annex thereof.] on 27 August 1998.

Counsel for petitioner also seeks apology, which this Court accepts, for the delay in giving the notice of death. Counsel explains that the delay in complying with Rule 3, Section 16, of the Rules of Court of Civil Procedure on the notice of death of petitioner and to give the address of his legal representative is due to his inability, despite efforts, to verify the name and address of a supposed brother of the deceased, a Japanese national, residing in Tokyo, Japan. Counsel states that while the deceased has left a surviving spouse, Marilou Kitamura, she, however, as "Chairwoman of Kitalou Enterprise," is one of the defendants in Civil Case No. 20792 entitled "Motoshi Kitamura vs. Marilou Kitamura, Sps. Alfonso Gonzales and Benedicta Gonzales and J. King & Sons Company, Inc." for "Declaration of Nullity of Absolute Deed of Sale dated 25 March 1997; Reconveyance of Lot No. 32-A; Cancellation of New Title for Lot No. 32-A & Reinstatement of TCT No. 91605 and Damages," and that, in fact, in the comment filed by counsel for respondents Marilou Kitamura and the spouses Alfonso and Benedicta Gonzales, mention has been made to the effect that for "purposes of present suit, respondent herein (Marilou Kitamura) makes manifest her intention of not pursuing the present petition as regards her co-respondents."

ACCORDINGLY, the Court DIRECTS the parties to MOVE IN THE PREMISES and to explain why, considering the foregoing, this case should not be DISMISSED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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