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[G.R. No. 132262.February 4, 2002]

CITY AUDITOR OF SILAY CITY vs. BELZUNCE

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 4 2002.

G.R. No. 132262(The City Auditor of Silay City, petitioner vs. Pedro C. Belzunce, respondent.)

Petition for review on certiorari assailing the Decision dated January 6, 1998 of the Regional Trial Court (RTC), branch 69, Silay City, in Civil Case No. 1705-69, "Pedro C. Belzunce vs. The City Auditor and City Treasurer of Silay City", for mandamus.

The antecedent facts are:

On June 29, 1992, respondent Pedro C. Belzunce compulsorily retired as City Treasurer of Silay City.

On December 28, 1992, respondent filed with the City Auditor of Silay City a claim for the payment of his terminal leave benefits but it was denied because he was not yet cleared of his accountabilities.He then appealed to the Regional Director (Region IV) of the Commission on Audit (COA) but the same was likewise denied. Forthwith, the COA Regional Director forwarded respondent's claim to the COA Main Office for proper action.

Pending resolution by the COA, respondent, on January 11, 1994, filed with the RTC Branch 69, Silay City, a petition for mandamus against the City Auditor and City Treasurer of that city, docketed as Civil Case NO. 1705-69.On January 6, 1998, the RTC granted the petition and ordered the City Auditor to pay respondent's terminal leave benefits.

Hence, this petition.

On October 25, 2001, respondent's counsel, Atty. Reynaldo C. Depasucat, informed this Court that the COA paid respondent his terminal leave credit, hence, the instant petition has become moot.

In its letter dated October 17, 2001, ^[1] cralaw the COA confirmed such payment.

On November 7, 2001, the Solicitor General filed a Manifestation that the COA, in its Decision No. 2000-129 dated May 11, 2000, ^[2] cralaw ordered the release of respondent's terminal leave benefits.

WHEREFORE, for being moot, this case is deemed CLOSED and TERMINATED.

SO ORDERED .(Justice Antonio T. Carpio, on leave).

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court

Endnotes:

^[1] cralaw Rollo, p. 164, 168.

^[2] cralaw Ibid.

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