[ G.R. No. 135899. February 28, 2000]

AYALA LAND INC. vs. MARIETTA VALISNO

FIRST DIVISION

Gentlemen:

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

G.R. No. 135899 (Ayala Land, Inc. vs. Marietta Valisno.)

For resolution is respondent Valisno's "Respectful Urgent Motion as an Appeal for Justice With Prayer (A) To Consolidate Above Case with G.R. No. 139994, entitled "Jesus S. Yujuico and Marietta Valisno, Petitioners versus Ayala Land, Inc., Respondent", (B) To Refer the Cases to the Supreme Court En Banc, and (C) To Set the Cases for Oral Argument."

This case can no longer be consolidated with G.R. No. 139994, entitled "Jesus S. Yujuico and Marietta Valisno, Petitioners versus Ayala Land, Inc., Respondent," inasmuch as said case had already been closed and terminated when the Third Division denied with finality on January 19, 2000 petitioners' Motion for Reconsideration.

Likewise, respondent's prayer for referral of the above entitled cases to the Banc is Denied considering that the instant petition does not fall under any of the cases which may be heard and decided by the Court sitting en banc per Supreme Court Resolution dated November 18, 1993. With the denial of the prayers for consolidation and referral of the cases to the Court en banc, the prayer of respondent Valisno for oral arguments, necessarily, is likewise denied.

ACCORDINGLY, this Court Resolved to DENY respondent Valisno's "Respectful Urgent Motion as an Appeal for Justice With Prayer (A) To Consolidate Above Cases, (B) To Refer the Cases to the Supreme Court En Banc, and (C) To Set the Cases for Oral Argument.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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