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[ G.R. No. 138889. October 9, 2000]

FIBECO vs. RTC BR. 10, MALAYBALAY CITY, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 9 2000.

G.R. No. 138889 (First Bukidnon Electric Cooperative (FIBECO) vs. Regional Trial Court, Branch 10, Malaybalay City, National Power Corporation (NAPOCOR) and Bukidnon Sugar Company (BUSCO).)

This refers to the Motion/Manifestation filed by petitioner First Bukidnon Electric Cooperative (FIBECO) alleging that it has entered into a Compromise Agreement with respondent Bukidnon Sugar Company (BUSCO) and praying that judgment be rendered based on the Compromise Agreement and/or that the case be dismissed. Under the Compromise Agreement, BUSCO will pay a stipulated goodwill fee to FIBECO, the agreement between BUSCO and NAPOCOR having expired on December 31, 1999 and FIBECO agreed to withdraw its petition before this Court.

In compliance with this Court's Resolution dated June 26, 2000, respondent BUSCO filed its Comment to the Motion/Manifestation stating that it has no objection thereto and joins petitioner in asking for the withdrawal or dismissal of the case consistent with the Memorandum of Agreement.

There appears to be a typographical error in said Memorandum of Agreement which refers to the case entitled "Fibeco vs. Napocor, et al." pending with this Court which originated from Civil Case No. 2783-98 in the Regional Trial Court, as "G.R. #13389". "G.R. #13389" referred to in the said Memorandum of Agreement should read "G.R. # 138889".

WHEREFORE, upon joint motion of the parties, the Court RESOLVES to DISMISS G.R. No. 138889.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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