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[G.R. No. 140836.August 5, 2002]

ILIGAN BAY MFG. CORP., et al. vs. DY

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 5 2002.

G.R. No. 140836(Iligan Bay Manufacturing Corp., United Coconut Oil Mills, Inc., Jeremias Benico, et al. vs. Henry Dy.) and G.R. No. 140907 (Iligan Bay Manufacturing Corp., United Coconut Oil Mills, Inc., Jeremias B. Benico, et al. vs. Henry Dy.)

These consolidated cases arose from the decision, promulgated on November 27, 1998, of the Court of Appeals in CA-G.R. SP No. 41870 which reversed and set aside the decision of the Regional Trial Court (RTC) of Iligan City, Branch 5.

Due to the conflicting factual statements advanced by the parties, as well as the opposite views taken by the trial court and the Court of Appeals, the RTC was directed to forward to this Court the records of the cases. However, in a letter addressed to Atty. Teresita G. Dimaisip, Deputy Clerk ofCourt and Chief of the Judicial Records Office of the Supreme Court, Atty. Nefereteri S. Cristobal, Clerk of Court V of Branch 2, informed the Court that the complete records of Civil Cases Nos. 1300, 1322 and 1324 were destroyed when the storeroom where the records were kept get flooded.

In view of the importance of the records in the resolution of these cases, thePresiding Judge of the RTC, Branch 2, Iligan City is DIRECTED to reconstitute the complete records of the cases within ninety (90) days from receipt hereof and forthwith forward the reconstituted records to this Court within thirty (30) days from the completion thereof.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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