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FIRST DIVISION

[G.R. No. 135244. April 15, 1999]

YALE LAND DEVELOPMENT CORPORATION, petitioner vs. PEDRO CARAGAO, THE HEIRS OF GREGORIO BATACLAN, APOLINARIO BATACLAN, ZENAIDA BATACLAN, NAPOLEON BATACLAN, HERMINIA ANCIRO, FRANCISCA BATACLAN, JULIA BATACLAN AND CIPRIANA BATACLAN, RICARDO C. SILVERIO, and THE REGISTER OF DEED FOR THE PROVINCE OF CAVITE, Respondents.

R E S O L U T I O N

PER CURIAM:

The Division, deliberating on petitioner's (a) motion to set aside the Resolution dates January 18, 1999 which denied with finality petitioner's first motion for reconsideration of the Resolution dated October 21, 1998 of the Second Division which in turn denied due course to the main petition; (b) motion for leave to file a second motion for reconsideration, together with said second motion for reconsideration; and (c) motion to refer to the Court En Banc the motion mentioned in (a) hereof, voted in the following manner:

a) Chief Justice Hilario G. Davide, Jr., Justices Jose A.R. Melo, Santiago M. Kapunan, and Bernardo P. Pardo to DENY the motion to refer the case to the Court En Banc, rejecting petitioner's argument that this Division was not the proper division to act on the first motion for reconsideration;

b) Chief Justice Hilario G. Davide, Jr., and Justices Jose A. R. Melo (a) to DENY the motion to set aside the Resolution dated January 18, 1999; (b) to DENY the motion for leave to file a second motion for reconsideration, and (c) to simply NOTE WITHOUT ACTION the second motion for reconsideration due to the action in (b) hereof;

c) Justices Santiago M. Kapunan and Bernardo P. Pardo (a) to GRANT the motion for leave to file a second motion for reconsideration (b) to ADMIT and GRANT the second motion for reconsideration and (c) to CONSOLIDATE this case with G.R. 135192.

Justice Consuelo Ynares-Santiago took no part, having been designated a Member of the Division following her assumption to duty as Associate Justice only on April 6, 1999, and not having taken part in the deliberations of this case from the time the petition was denied due course (by the Second Division) on October 21, 1998 to denial with finality (by the First Division) of the first motion for reconsideration, and up to the discussions of the motions herein treated immediately after they were filed.

WHEREFORE, by a vote of four, with one abstention, the motion to refer the case to the Court En Banc is DENIED; and there being an even vote (2-2), with one abstention, on the central issue of whether or not petitioner's second motion for reconsideration should be admitted and granted, said motions are deemed DENIED per the Court En Banc's Resolution No. 99-1-09-SC dated January 26, 1999, resulting in the affirmation of the Resolution of this Division dated January 18, 1999.

The separate opinions of Justices Melo and Kapunan are attached hereto.

SO ORDERED.

Davide, Jr., C.J., (Chairman) and Pardo, JJ., concur.

Melo and Kapunan, JJ., see separate opinion.

Ynares-Santiago, J., no part.





























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