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[G.R. No. 166429.� January 18, 2005]

RP vs. GINGOYON

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2005.

G.R. No. 166429 (Republic of the Philippines, represented by Executive Secretary Eduardo R. Ermita, the Department of Transportation and Communications [DOTC], and the Manila International Airport Authority [MIAA] vs. Hon. Henrick F. Gingoyon, in his capacity as Presiding Judge of the Regional Trial Court, Branch 117, Pasay City, and Philippine International Air Terminals, Co., Inc.)

The Court Resolved to CONFIRM nunc pro tunc the Temporary Restraining Order (TRO) issued by the Chief Justice on 14 January 2005, requiring the respondents to comment on the petition within a non-extendible period of ten (10) days from receipt of the said TRO and commanding the respondent judge to cease and desist from implementing the Orders dated 4 January 2005, 7 January 2005 and 10 January 2005 in Civil Case No. 04-876.

Davide, Jr., C.J., on sick leave.

Puno, Acting C.J.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

TEMPORARY RESTRAINING ORDER

REPUBLIC OF THE PHILIPPINES, represented by Executive Secretary Eduardo R. Ermita, THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), and The MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA), petitioners, vs. HON. HENRICK F. GINGOYON, in his capacity as Presiding Judge of the Regional Trial Court, Branch 117, Pasay City and PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., respondents.

TO: *Hon. Henrick F. Gingoyon (x)

Presiding Judge

RTC, Branch 117, Pasay City

GREETINGS:

WHEREAS, a petition for certiorari and prohibition with urgent prayer for preliminary injunction and temporary restraining order was filed by counsel for petitioners;

WHEREAS, the aforesaid petition has been found to be sufficient in form and substance;

WHEREAS, considering the allegations contained, the issues raised and the arguments adduced in the petition, it is necessary and proper to ISSUE the TEMPORARY RESTRAINING ORDER prayed for and require the respondents to COMMENT on the petition within a NON-EXTENDIBLE period of ten (10) days from notice hereof;

NOW, THEREFORE, You, respondents, are hereby required to COMMENT on the petition within a NON-EXTENDIBLE period of ten (10) days from notice hereof. Meanwhile, a TEMPORARY RESTRAINING ORDER is hereby ISSUED, effective immediately and continuing until further orders from this Court, commanding You, respondent Hon. Henrick F. Gingoyon, Presiding Judge, RTC, Branch 117, Pasay City, your agents, representatives, or persons acting in your place or stead, to CEASE and DESIST from implementing your Orders dated 4 January 2005, 7 January 2005 and 10 January 2005 in Civil Case No. 04-876.

GIVEN by authority of the Hon. HILARIO G. DAVIDE, JR., Chief Justice of the Supreme Court of the Philippines, this 14th day of January 2005, in Manila, Philippines

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court



Endnotes:

* WITH COPY OF PETITION


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