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[G.R. No. 144291.March 10, 2003]

EVADEL REALTY vs. SPS. SORIANO

SPECIAL FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 10 2003.

G.R. No. 144291(Evadel Realty and Development Corporation vs. Spouses Antero and Virginia Soriano. )

In a Decision promulgated on April 20, 2001, this Court ruled in favor of respondents and affirmed the Court of Appeals decision which held that the trial court did not err in rendering a summary judgment in this case. However, on June 7, 2001, petitioner filed a Motion for Reconsideration alleging therein that the Court committed a serious misapprehension of facts and that it was not given its day in court and hence, denied due process of law. Respondents, in turn, filed their Opposition to the Motion for Reconsideration on June 15, 2001. In a Resolution issued on September 5, 2001, the Court denied the said Motion for Reconsideration on the ground that the basic issues have been passed upon in the Decision and no substantial arguments have been raised in the said motion. Petitioner's Motion for Reconsideration was denied with finality.

Despite the abovementioned denial, on October 23, 2001, petitioners filed an Omnibus Motion where it practically reiterated its allegations in its motion for reconsideration. It also prayed therein that said Omnibus Motion be set for oral argument. Respondents promptly filed on October 30, 2001 an Opposition to Petitioner's Omnibus Motion and Motion to Cite Petitioner and His Counsel In Contempt. Nevertheless, petitioner still filed another Motion to Set Case for Oral Argument on February 18, 2002, where it reiterated its previous prayer. On May 8, 2002, the Court issued a Resolution granting the aforesaid motion and set the case for oral argument on July 1, 2002 at 11 o'clock in the morning. In a subsequent Resolution dated June 26, 2002, the Court reset the hearing for the oral argument to July 10, 2002.

After hearing the argument of both parties, the Court issued another Resolution dated July 10, 2002, which stated that it shall allow the parties to explore the possibility of entering into a compromise and to inform the court as soon as possible as to the efforts exerted. The Court likewise declared therein that the case shall be deemed submitted for resolution.

On July 26, 2002, respondents Dr. Antero Soriano and the heirs of Virginia Soriano manifested before the Court that they still have not received any proposal for an amicable settlement from petitioner and in view thereof, they are no longer interested in such an amicable settlement.

WHEREFORE, the Court RESOLVES to DENY petitioner's Omnibus Motion, there being no new grounds and no substantial arguments raised therein. No further pleadings or motions shall be entertained in this case. Let ENTRY OF FINAL JUDGMENT be made in due course.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court


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