ChanRobles Virtual law Library

[

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 15 2005.

G.R. No. 164282 (Teresita M. Yujuico v. Hon. Jose L. Atienza, Jr., et. al.)

It appears from the records of this case that one of the arguments/defenses raised by respondents in their Memorandum is the material change in the membership of the City School Board (CSB) of Manila since the filing of the original action by petitioner. Respondents argue that the former members of the CSB may no longer cast their votes as they cannot be commanded to perform any act in relation to a position they no longer hold. Likewise, a writ of execution (writ) cannot be issued against the new members as a writ can only be issued against one who is a party in the action, and not against one who, not being a party in the case has not yet had his day in court. Petitioner failed to address this point in her memorandum.

Considering the provisions of Sec. 17, Rule 3 of the Rules of Court on the death or separation of a party who is a public officer, it appears that this argument warrants full consideration for a proper and exhaustive disposition of the case.

WHEREFORE, petitioner is hereby required to file a COMMENT on the issue within five (5) days from receipt of this Resolution. Thereafter, respondents are required to file their REPLY within five (5) days from receipt of petitioner's comment after which the case will be deemed submitted for resolution.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE