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[G.R. No. 148318. January 16, 2006]

NATIONAL POWER CORPORATION v. HON. ROSE MARIE ALONZO-LEGASTO, AS PRESIDING JUDGE RTC OF QUEZON CITY, BRANCH 99, et al.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JAN. 16, 2006

G.R. No. 148318 (National Power Corporation v. Hon. Rose Marie Alonzo-Legasto, as Presiding Judge RTC of Quezon City, Branch 99, et al.)

This treats of the Motion for Leave to Withdraw Urgent Motion for the Issuance of a Temporary Restraining Order dated December 20, 2005 filed by respondent First United Constructors Corporation (FUCC).

It should be recalled that acting on FUCC's Urgent Motion for the Issuance of a Temporary Restraining Order dated August 3, 2005 , the Court issued a Resolution on August 8, 2005, directing the Regional Trial Court of Quezon City, Branch 99 to maintain the status quo as of August 3, 2005 until further orders from the Court. The Court also directed petitioner National Power Corporation (NPC) and Engr. Ernesto G. Bautista (Engr. Bautista)/Dynamic Blasting Specialist of the Philippines (Dynamic) to file their respective comments on FUCC's urgent motion in its Resolution dated August 15, 2005.

The Office of the Solicitor General, representing NPC, filed and was granted an extension of time within which to file its comment. On the other hand, the Court treated the Motion for Leave [i] to Invervene and [ii] to Lift Status Quo Order dated August 17, 2005 filed by Engr. Bautista/Dynamic as their comment on the urgent motion. Subsequently, Engr. Bautista/Dynamic also filed an Ex-Parte Manifestation dated September 27, 2005 and a Comment dated September 23, 2005 in further compliance with our August 15, 2005 Resolution.

On December 20, 2005, however, FUCC filed the instant motion for leave praying that its urgent motion be considered withdrawn because it realized that it should have filed instead a petition for certiorari with the Court of Appeals.

Accordingly, the Court RESOLVES to GRANT FUCC's Motion for Leave to Withdraw Urgent Motion for the Issuance of a Temporary Restraining Order dated December 20, 2005.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

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