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[ G.R. No. 126638. July 5, 1999]

ROSANNA B. BARBA vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 5, 1999 .

G.R. No. 126638 (Rosanna B. Barba vs. The Honorable Court of Appeals, and Teodoro Garcia, et al.)

In the interest of justice and to give premium to the substantial merits of the interest of justice and to give premium to the substantial merits of the case over the non-compliance with mere rules and technicalities, as well as to iron out the inconsistencies spawned by the conflicting resolutions, the Court Resolved (a) to SET ASIDE the resolution of January 28, 1998, as well as the entry of judgment; (b) to reinstate the petition; and (c) grant private respondents a new period of thirty (30) days from notice within which to file memorandum.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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