July 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 175052 : July 04, 2012]
DEPARTMENT OF AGRARIAN REFORM REPRESENTED BY OIC SECRETARY NASSER C. PANGANDAMAN v. MANUEL DEL ROSARIO
G.R. No. 175052 (Department of Agrarian Reform represented by OIC Secretary Nasser C. Pangandaman v. Manuel del Rosario). � For consideration of the Court are the following pleadings:
1. Withdrawal of Appearance dated 11 April 2012 filed by counsel for respondent, Sianghio Lozada & Cabantac Law Offices, reiterating its earlier manifestation that after respondent died on 29 January 2009, his widow, Angela A. del Rosario, had neither engaged its services nor expressed interest in pursuing the case; formalizing its withdrawal as counsel for respondent; and praying that, henceforth, copies of all notices, pleadings, orders and other legal processes relative to the case be served on respondent's widow, Angela A. del Rosario with address at No. 12, Socorro St., Magallanes Village, Makati City and/or Asia International Travel Corp., 2nd Floor, Sagittarius Bldg., H.V. de la Costa St., Salcedo Village, Makati City.
2. Manifestation with Motion to Withdraw Petition dated 18 April 2012 filed by petitioner seeking the humble indulgence and compassion of the Court regarding the oversight committed by the former in erroneously quoting in its pleadings the docket number CA-G.R. SP No. 89669, which is not in any way related to the ruling being assailed herein; manifesting that the correct docket number and title of the assailed Court of Appeals (CA) ruling is CA-G.R. SP No. 88739 entitled "Department of Agrarian Reform, represented by Secretary Rene C. Villa v. Manuel del Rosario"; confirming that the issues in the instant Petition had already been decided with finality in CA-G.R. SP No. 88693 entitled "Landbank of the Philippines v. Manuel del Rosario" as shown by the Entry of Judgment attached to respondent's 4 February 2008 Manifestation; arguing that by virtue of the finality of judgment in CA-G.R. SP No. 88693, the present Petition is barred under the principle of res judicata; and praying that the Court accordingly allow the withdrawal of the instant Petition.
Finding the respective manifestations and motions of the parties to be in order, the Court hereby resolves to grant them. cralaw
WHEREFORE, counsel for respondent's Withdrawal of Appearance and petitioner's Manifestation and Motion to Withdraw Petition are respectively NOTED and GRANTED. This case is deemed CLOSED and TERMINATED.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court