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[ A.M. No. 00-2-71-RTC. February 28, 2000]

RE: REQUEST FOR TRANSFER OF VENUE OF CIVIL CASE NO. 0056.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 28 2000.

A.M. No. 00-2-71-RTC (Re: Request for Transfer of Venue of Civil Case No. 0056 from the Regional Trial Court, Branch 50, Loay, Bohol to Tagbilaran City.)

This concerns a joint motion filed by the parties in Civil Case No. 0056, entitled "Brigildo Paredes v. Romeo Berse" before the Regional Trial Court, Branch 50, Loay, Bohol, seeking the transfer of the venue of the case to Tagbilaran City. The motion alleges:

COME NOW the contending parties thru their respective counsels and to this Honorable Court, most respectfully file this joint motion to transfer venue of hearing from Loay, Bohol to Tagbilaran City, which is the "home court" of the Honorable Judge-Designate [Pablo R. Magdoza] for reasons of economy, facility and obvious savings on all parties concerned since the counsels have their offices at Tagbilaran City and this would mean so much savings in time, effort and money of the parties. This motion is not intended to delay the proceedings of this case but due to grounds as stated above.

The motion was referred to this Court by Judge Magdoza. The Office of the Court Administrator (OCA), through which the motion was coursed, recommends that the motion be granted.

The ground for the joint motion is meritorious. However, the case should be transferred to the Regional Trial Court, Branch 48 Tagbilaran City only for the purpose of hearing the testimonies of witnesses, if any, and for the rendition and promulgation of the decision therein, but the records of the case should afterwards be returned to the trial court in Loay.

WHEREFORE, the Court RESOLVED to GRANT the joint motion of the parties in Civil Case No. 0056, entitled "Brigildo B. Paredes v. Romeo Berse," for the transfer of the hearing and the rendition and promulgation of the decision in said case to the Regional Trial Court, Branch 48, Tagbilaran City, and, for this purpose, to DIRECT the Branch Clerk of Court of the Regional Trial Court, Branch 50 Loay, Bohol to forthwith transmit the records of the case to the Regional Trial Court, Branch 48, Tagbilaran City. Upon the finality of the decision in the case, the Branch Clerk of Court, Regional Trial Court, Branch 48, Tagbilaran City is DIRECTED to return the records of the case to the Regional Trial Court, Branch 50, Loay, Bohol.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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