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[ A.M. No. 00-1-61-RTC. February 23, 2000]

TRANSFER OF VENUE OF CIVIL CASE NO. 0128 FROM THE RTC, BR. 65.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 23 2000.

A.M. No. 00-1-61-RTC (Transfer of Venue of Civil Case No. 0128 from the RTC, Branch 65, Jordan, Guimaras to the RTC, Branch 38 Iloilo City).

For consideration is the letter of Judge Roger B. Patricio requesting that he be authorized to decide Civil Case No. 0128, entitled "Lilia M. Dimaala v. Spouses Leopoldo Salcedo and Delfina Tubong Banua," in his official station at the Regional Trial Court, Branch 38, Iloilo City. The case at present is pending in the RTC, Branch 65, Jordan, Guimaras. Judge Patricio was designated to hear and decide the case in the latter venue since Judge Merlin D. Deloria, to whom the case was originally assigned, inhibited on the ground that the plaintiff is the wife of his godfather.

In his letter, Judge Patricio states that Civil Case No. 0128 is an appeal from the decision of the Municipal Circuit Trial Court of Jordan-Buenavista-Nueva Valencia and, therefore, he can render a decision on the basis of the pleadings and motions without need of receiving the testimonies of witnesses. He also states that the parties have no objection to the transfer of the case to Branch 38 of the RTC in Iloilo City as their respective counsels hold offices in Iloilo City.

The request is meritorious considering that Judge Particio's official station is at the RTC, Branch 38, Iloilo City and the parties have no objection to the transfer of the case. This transfer, however, is merely for the purpose of hearing the testimonies of witnesses, if any, and the rendition and promulgation of the decision, but the records of the case shall, after the rendition and promulgation of the decision, be returned to the RTC, Branch 65, Jordan, Guimaras.

WHEREFORE, the Court RESOLVED to GRANT the request of Judge Roger B. Patricio for the transfer of the hearing and the rendition and promulgation of the decision in Civil Case No. 0128 to the RTC, Branch 38, Iloilo City and, for this purpose, to DIRECT the Branch Clerk of Court of the RTC, Branch 65, Jordan, Guimaras to forthwith transmit the records of Civil Case No. 0128 to the Branch Clerk of Court of the RTC, Branch 38, Iloilo City. Upon the finality of the decision in the case, the Branch Clerk of Court of the RTC, Branch 38, Iloilo City shall RETURN the records of the case to the RTC, Branch 65, Jordan, Guimaras.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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