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[ G.R. No. 117434. September 29, 1999]

BENGUET EXPLORATION, INC. vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 29 1999.

G.R. No. 117434 (Benguet Exploration, Inc. vs. Court of Appeals, Switzerland General Insurance Co., Ltd. and Seawood Shipping, Inc.)

In its resolution of August 2, 1999, the Court required Atty. Salvacion M. Manalo, counsel for respondent Seawood Shipping, Inc., to submit comment on the petition in view of her failure to submit her client's conformity to her withdrawal as counsel as required in the resolution of March 10, 1999. Instead of filing comment, Atty. Manalo filed a manifestation, dated September 10, 1999, claiming that "she can no longer submit the conformity of her client to her withdrawal as counsel for the reason that Seawood Shipping. Inc. has long ceased doing business in the Philippines and there is no representative of said corporation left to act on such withdrawal." For this reason, she prays tat her motion to withdraw be granted and that she be exempted from the provisions of Sec. 26, Rule 138 of the Rules of Court.

The foregoing manifestation is, however, contradicted by her explanation, dated February 2, 1999, in which Atty. Manalo stated:

2. She further manifests that in order to comply with the directive of this Honorable Court, she had exerted utmost effort to locate any officer of the defendant Seawood Shipping, considering [that] there has been a total absence of communication between the law firm and its client, although Atty. R.Z. Francisco has remained to be the Treasurer-in-Trust [of Seawood Shipping] insofar as the SEC registration is concerned. (Emphasis supplied)

It appears that Atty. R.Z. Francisco is a member of the same law firm of which Atty. Manalo is a member.

For this reason, the motion of Atty. Salvacion M. Manalo to be relieved as counsel is DENIED.

The substitution of attorneys of respondent Switzerland General Insurance Co., Ltd. by Ricafrente Aguirre San Vicente and Cacho Law Firm, in Lieu of Robles Ricafrente Aguirre San Vicente and Cacho Law Firm Office, with notice of change of address to Philippine Stock Exchange Center, Exchange Road, Ortigas Center, Pasig City, Metro Manila, and request to be furnished with copies of court, processes in this case at the aforestated new address is NOTED and GRANTED, pending filing of private respondent Seawood Shipping Corporation's comment.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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