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[G.R. No. 130342. September 10, 2003]

DE JORQUE vs. HARMONY AGRO-INDUSTRIAL DEV'T. CORP.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEP 10 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 10 June 2002, a Compromise Agreement was entered into in Civil Case No. 3170 by Nuena J. Ilicito and Nelia J. .Caldeo (the daughters of Trinidad Garcia Vda. de Jorque, now deceased, who are the petitioners by substitution in the present case) and Harmony Agro-Industrial Development Corporation and Florencio M Garcia, Jr. (both for himself and as chairman of the board, who are also the respondents in the instant case). Paragraph 3 of the Compromise Agreement stated:

3.������� That likewise, the plaintiff (sic) will also withdraw their Petition filed with the Honorable Supreme Court in G.R. No. 130342 entitled "Trinidad Garcia Vda. De Jorque, (s)ubstituted by her daughters Nuena J. Ilicito and Nelia J. Caldeo versus Harmony Agro-Industrial Development Corporation, Inc." now pending resolution by the Honorable Supreme Court; (emphasis supplied).

In the Decision dated 28 July 2002, the Regional Trial Court, Kalibo, Aklan, Branch 1, approved the Compromise Agreement, it not being contrary to law. A writ of execution was likewise issued on 17 December 2002.

Respondent Florencio M. Garcia, Jr., in his Memorandum, manifested that the present petition has become moot and academic because of the aforementioned Compromise Agreement and prays for the dismissal of the case.

WHEREFORE, in view of the foregoing, the case is WITHDRAWN and the same is considered CLOSED and TERMINATED.

Very truly yours,

(Sgd.)VIRGINIA ANCHETA-SORIANO
Clerk of Court


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