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[G.R. No. 127982.December 5, 2001]

TAN et al. vs. CA et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 5 2001.

G.R. No. 127982(Antonio A. Tan, et al, petitioners, vs. Court of Appeals, et al., respondents.)

On December 13, 1999, the Court resolved to give due course to the petition and required both parties to submit their respective memoranda within thirty (30) days from notice. ¹ Rollo, pp. 98-99.

On February 9, 2000, the petitioners submitted a manifestation stating that they did not file anymore the necessary memorandum for the reason that the land covered by Transfer Certificate of Title No. 317167, subject of the petition, has been foreclosed by the Metropolitan Bank and Trust Company (Metro Bank). In fact, ownership over the property has been consolidated in the name of Metro Bank. ² Rollo, pp. 105-108, at pp. 105-106.

Neither did the respondents file any memorandum. ³ Rollo, pp. 113-115.

Petitioners, having manifested that they "are no longer interested to pursue the case," ⁴ Rollo, p. 106.we dismiss the petition and remand the case to the trial court for execution of the judgment in favor of the prevailing party. No costs.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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