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[B.M. No. 706.February 13, 2001]

DUYONGCO vs. DUYONGCO

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 13 2001.

B.M. No. 706 (Marie Villamor Duyongco vs. Jorge Y. Duyongco.)

For consideration are the following: (a) Notice of Appearance, dated May 9, 2000, of Atty. Samuel B. Abadiano, as counsel for the respondent; (b) Manifestation/Motion, dated September 22, 2000, filed by respondent, through counsel, reiterating a previous motion to set the case for hearing; and (c) Manifestation/Motion, dated January 22, 2001, filed by respondent in compliance with the Court's resolution, dated September 12, 2000, requiring him to inform the Court of the present correct address of the complainant within ten (10) days from notice thereof.

This matter was referred on January 23, 1996 to the Office of the Bar Confidant for investigation, report, and recommendation within thirty (30) days from receipt of the records thereof.It appears that it was set for hearing on February 13, 1996 at 9:00 a.m.However, both parties and their counsels failed to appear despite due notice of hearing for which reason the hearing of the case was postponed to March 12, 1996 at 9:00 a.m., with warning that failure of the parties to appear would be considered a waiver of their right to be heard.No further action appears to have been taken by the Office of the Bar Confidant.Nor has that office submitted its report on this case after a sixty (60) day extension was granted by the Court on March 26, 1996.

For the foregoing reasons, the Court RESOLVED to (a) NOTE the entry of appearance of Atty. Samuel B. Abadiano as counsel for respondent, the Manifestation/Motion, dated September 22, 2000, filed by respondent reiterating his previous motion to set this case for hearing, and the Manifestation/Motion, dated January 22, 2001, of respondent submitted in compliance with the Court's resolution of September 12, 2000 and (b) REQUIRE the Bar Confidant to submit her report and recommendation on this matter within thirty (30) days from notice hereof, otherwise she will be disciplinarily dealt with.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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