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[G.R. No. 133652.� February 11, 2003]

MARMOL vs. CA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 11 2003 .

G.R. No. 133652 (Javier B. Marmol, et al. vs. Court of Appeals, et al.)

On May 21, 1998, petitioners filed with this Court a petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure with prayer for preliminary injunction to annul the decision and resolution, dated November 28, 1998 and April 15, 1998, respectively, of the respondent Court of Appeals. The CA Decision dated November 28, 1998, dismissed the petition for certiorari before it which, in effect, denied petitioners' motion to inhibit Civil Service Commission-NCR Director Nelson Acebedo and Atty. Nilo P. Gomez from continuing with the hearing of their cases and directing the Civil Service Commission-NCR to proceed with the formal investigation of their cases without further delay.

On July 19, 1999, private respondent Loure A. Rojo, filed with this Court a motion to admit additional evidence - CSC Resolution No. 991445 which found petitioners guilty of grave misconduct and violation of Sec. 5 (4), Article XVI of the 1987 Constitution and Sec. 54 (3) and 56, Chapter VIII, Book V of Administrative Code of 1987, dismissing the petitioners from the service, with the accessory penalties of perpetual disqualification from holding public office.

Subsequently, counsel for petitioners filed a manifestation with motion alleging that "the aforesaid Resolution of the Honorable Civil Service Commission was issued with grave abuse of discretion considering that one of the ponente therein was issued without authority and by reason of the fact that her tenure in office have already expired." (Rollo, p.132) It further prayed that a temporary restraining order be issued by the Court to enjoin the CSC from implementing its Resolution No. 991445.

On August 17, 1999, the Court En Banc issued a Resolution, granting the TRO and ordered the CSC to CEASE and DESIST from implementing the aforesaid resolution. (Rollo, p. 137)

On November 12, 2002, the Court issued a Resolution dismissing the instant petition for certiorari on the grounds that the same was evidently used as a substitute for the lost remedy of appeal and for failure of the petitioners to sufficiently show that grave abuse of discretion was committed by respondent Court of Appeals.

On January 28, 2003, a Motion for Resolution (with motion to lift temporary restraining order) was filed by private respondent Agustin A. Zozobrazo asking this Court to lift the TRO previously issued in order to prevent the frustration of justice.

The Court resolved to grant the motion and, in view of the dismissal of the instant petition for certiorari per Resolution of this Court dated November 12, 2002, the Temporary Restraining Order issued by this Court on August 17, 1999 is hereby LIFTED.

The Court further Resolved to NOTE the Entry of Appearance dated 27 December 2002 of Atty. Antonious G. Collado of Altamira Cas Velez Alaba and Collado Law Offices as collaborating counsel for private respondent Agustin A. Zozobrado, but DENY his request to be furnished with copies of all notices, pleadings, orders, and the like, as only the lead counsel is entitled thereto.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D VILLARAMA

Asst. Clerk of Court

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