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[G.R. No. 136264. February 2, 2005]

DIMAYACYAC vs. CA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 2 2005.

G.R. No. 136264 (Atty. Reynaldo P. Dimayacyac vs. Hon. Court of Appeals, Hon. Vicente Roxas, Irene Agbada-Cruz, Sixto Agbada Cruz, Mercedes Aristorenas and Romeo Gomez and People of the Philippines .)

Before the Court is the Urgent Motion for Clarification filed by petitioner, the Comment thereto filed by respondent Irene Agbada-Cruz, and petitioner's Reply.

Petitioner seeks to be clarified whether Section 8, Rule 117 of the Revised Rules of Criminal Procedure is applicable to this case. Said rule on provisional dismissal is not applicable to the present case. The provision specifically states that it applies only where the case is provisionally dismissed. In the present case, the dismissal of the first criminal case upon petitioner's motion to quash was not provisional.

Furthermore, in view of the Resolution dated 29 September 2004, denying petitioner's motion for reconsideration with finality, no further pleadings shall be entertained in this case.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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