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[G.R. No.144498.February 28, 2001]

SPS. OBEDENCIO vs. CRUZ

SECOND DIVISION

Gentlemen :

Quoted hereunder, for your information, is a resolution of this Court dated FEB 28 2001 .

G.R. No. 144498( Spouses Regenario Obedencio and Ursula Obedencio vs. Francisca A. Cruz.)

Upon his motion, Atty. David B. Agoncillo was granted an extension of thirty (30) days or until October 5, 2000 within which to file a petition for review on certiorari. Later, however, Atty. David B. Agoncillo moved to withdraw as counsel for petitioner spouses Regenario and Ursula Obedencio due to "failure/refusal of petitioners to confer/contact/communicate/cooperate" with him. He prayed that all notices of the Court be sent to petitioners themselves.

Commenting on Atty. Agoncillo's motion to withdraw, petitioner Regenario Obedencio wrote the Court a letter, dated January 25, 2001, affirming what Atty. Agoncillo had stated in the latter's motion while thanking the latter for his services. Petitioner manifested that he does not have any more money to continue with the case and pay for a lawyer and that he leaves it to the Court to properly dispose of the case.

The extension of time granted to petitioners expired on October 5, 2000 without any petition having been filed. Despite pleading financial hardship, petitioner Regenario Obedencio has not asked for any counsel de oficio to represent him and his wife in lieu of Atty. David B. Agoncillo or moved for any further extension to look for another lawyer to prepare their petition. Petitioners have thus shown lack of interest in pursuing the present appeal.

WHEREFORE , the Court RESOLVED to (1) GRANT the motion of Atty. David B. Agoncillo to withdraw as petitioners' counsel, (2) NOTE the letter, dated January 25, 2001, of petitioner Regenario Obedericio, (3) INFORM the parties that no petition has been filed in this case and that the judgment sought to be reviewed has now become final and executory, and (4) consider this case CLOSED and TERMINATED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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