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[G.R. No. 163838.� February 9, 2005

WALLEM MARITIME SERVICES vs. DELA CRUZ

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 9 2005 .

G.R. No. 163838 (Wallem Maritime Services, Inc. and Wallem Shipmanagement Hongkong Limited vs. Tiburcio Dela Cruz.)

Before the Court is petitioners' Motion for Clarification of the Resolution dated September 20, 2004. Petitioners are inquiring whether the petition should be dismissed despite the fact that the affiant to the certification of non-forum shopping, James E. Nicoll, is actually authorized by Wallem Maritime Services, Inc. to execute said certification in its behalf.

Considering that Wallem Maritime Services, Inc. has stated in its petition before the Court of Appeals (Annex "N" of the present petition) that it is actually the agent/legal representative of Wallem Shipmanagement Hongkong Limited, the Court hereby deems the verification/certification executed by James E. Nicoll as substantial compliance with the requirement on certification against non-forum shopping for both petitioners Wallem Maritime Services, Inc. and Wallem Shipmanagement Hongkong Limited.

ACCORDINGLY, the Resolutions of this Court dated July 12, 2004 and September 20, 2004, denying the petition and petitioners' motion for reconsideration, respectively, are hereby RECALLED. The petition for review on certiorari is hereby REINSTATED. Respondent is REQUIRED to file a COMMENT on the petition within ten (10) days from notice hereof.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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