[G.R. No. 130342. July
16, 2003]
DE JORGE vs.
HARMONY AGRO-INDUSTRIAL DEV'T. CORP.
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
JUL 16 2003.
G.R. No. 130342(Trinidad Garcia Vda. De Jorque,
deceased, now substituted by her daughters Nuena J. Ilicito and Nelia J. Caldeo
vs. Harmony Agro-Industrial Development Corporation, represented by its Vice
Chairman/Board Member Gerson L. Garcia, Florencio M. Garcia, Jr. and Court of Appeals.)
On 13
November 2002, this Court issued a Resolution requiring anew
respondent Florencio Garcia to file a memorandum because of his failure to file
the same within the period required in the Resolution of 29
March 2000. In his Memorandum dated 20 December 2002, respondent
Florencio Garcia manifested that the petition has "now become MOOT and
ACADEMIC, and should therefore, be dismissed" because of a supervening event.
It appears that during the pendency of this case, the parties, assisted by their
counsels, submitted a Compromise Agreement for approval of the court a quo. In its Decision dated 28
July 2002, the Regional Trial Court of Kalibo, Aklan, Branch 1 in
Civil Case No. 3170, approved the Compromise Agreement. In paragraph 3 of the
Compromise Agreement, it was stated that "the plaintiff (sic) will also
withdraw their Petition filed with the Honorable Supreme Court in G.R. No.
130342" which is the instant case. A writ of execution was likewise issued on 17
December 2002.
Considering that the Decision dated 28 July 2002 attached as
Annex "A" of the respondent's Memorandum is a mere photocopy, respondent
Florencio Garcia is hereby required to submit a duplicate or certified true
copy thereof within ten (10) days from receipt hereof.
Very truly yours,
(Sgd.)VIRGINIA ANCHETA SORIANO
Clerk of Court
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