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[G.R. No. 102508.May 22, 2001]

REPUBLIC OF THE PHILS. vs. SANDIGANBAYAN, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 22, 2001.

G.R. No. 102508 (Republic of the Philippines vs. Sandiganbayan, Third Division, and Jolly R. Bugarin.)

An examination of the record of this case discloses the following:

On 14 May 1991, the petitioner filed a petition for the review of the 13 August 1991 decision of public respondent Sandiganbayan which dismissed Civil Case No. 0039, a case for forfeiture, on the ground of insufficiency of evidence.

In its Resolution of 11 June 1993, after the filing of the Comment by private respondent and the Reply by the Office of the Solicitor General, the Court gave due course to the petition and required the parties to file their respective memoranda within twenty (20) days from notice.

Petitioner filed its Memorandum on 6 September 1993, after obtaining several extensions of time within which to file it.Private respondent filed his on 27 September 1993.

On 18 January 1994 the Court required petitioner to file a Reply Memorandum within thirty days from notice.

Thereafter the Court granted petitioner's motions filed on

(1) 4 March 1994, for an extension of twenty (20) days, or until 24 March, 1994 within which to file the Reply Memorandum;

(2) 24 March 1994, for an extension of twenty (20) days or until 13 April 1994;

(3) 13 April 1994, for an extension of ten (10) days or until 23 April 1994; and on

(4) 3 May 1994, for an extension of five (5) days or until 8 May 1994.

The record fails to show that petitioner filed a Reply Memorandum after filing its motion of 3 May 1994.

WHEREFORE, for petitioner's obvious lack of interest in the prosecution of this case, and for failure to file the Reply Memorandum despite the several extensions it asked for and obtained, the instant petition is hereby DISMISSED pursuant to Section 7 of Rule 45, in relation to Section 3 of Rule 17, of the 1997 Rules of Civil Procedure.Bellosillo, Melo and Kapunan, JJ., are on leave.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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