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[ G.R. No. 134392. September 6, 2000]

MOTOSHI KITAMURA vs. HON. RAMON C. CODILLA, JR., et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 6 2000.

G.R. No. 134392 (Motoshi Kitamura vs. Hon. Ramon C. Codilla, Jr. in his capacity as RTC Presiding Judge, Branch 19, Cebu City; et al.)

Considering the death of petitioner and the manifestation of counsel for petitioner that petitioner Motoshi Kitamura, a Japanese national, "has no legal representative in the country who may substitute him to pursue this petition and that there appears (to be) no judicial obstacle to dismiss this petition, " this COURT RESOLVES to dismiss the instant petition for having become MOOT and ACADEMIC by reason of the death of petitioner and the absence of any known heirs, who may substitute him, other than his wife, herein private respondent Marilou Kitamura, who has manifested her intention of not pursuing the case against her co-respondents.

The Manifestation and Compliance of Counsel for respondent J. King and Sons, Inc., is NOTED and ACCEPTED.

WHEREFORE, this petition is DISMISSED for being moot and academic.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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