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

YALE LAND DEVELOPMENT CORP. vs. CARAGAO, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is resolution of this Court date, DEC 15, 1999.

G.R. No. 135244( Yale Land Development Corporation vs. Pedro Caragao, et al.)

On May 12, 1999, petitioner Yale Land Development Corporation filed a motion to refer the instant case to the Court En Banc , citing as ground therefor the 2-2 vote garnered on the issue of whether or not to grant petitioner's second motion for reconsideration. Petitioner alleged that, conformably to Paragraph 3, Section 4, Article VIII of the Constitution, cases or matters heard by a division should be decided with the concurrence of a majority of the Members who took part in the deliberations and actually voted therein, and that if the requisite number cannot be obtained, the case should then be referred to the Court En Banc.

On June 14, 1999, this Division denied the aforesaid motion to refer for lack of merit, compelling petitioner to file a motion for leave to file a second motion for reconsideration of said denial. In consideration of said motion, the Division required the parties on September 15, 1999, to file their respective position papers on the sole issue of whether or not a motion for reconsideration decided by a two-two vote by a division should be referred to the Court En Banc for resolution.

After a review of the position papers submitted by the parties, the Division referred the matter to the Court En Banc but the latter, in its session of December 7, 1999, declined to accept the case, with only Justices Melo, Panganiban, and Vitug voting to grant the same.

ACCORDINGLY, petitioner's motion to file a second motion for reconsideration and to refer the same to the Court En Banc dated July 6, 1999 is hereby DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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