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[G.R. No. 137911.July 29, 2002]

AMA COMPUTER COLLEGE INC. vs. FACTORA

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 29 2002.

G.R. No. 137911(AMA Computer College, Inc., petitioner, vs. Jesus R. Factora, respondent.)

On February 27, 2002, this Court rendered a Decision affirming the Decision of the Court of Appeals holding that the HLURB has jurisdiction over respondent Jesus R. Factora's consolidated complaints for recovery of possession of condominium units, injunction and damages against petitioner AMA Computer College, Inc., (AMA), Fund Centrum Finance, Inc. and Supreme Capital, Inc., and remanding the instant case to the HLURB "for further proceedings."

Respondent now files a Manifestation and/or Request for Clarification of our Decision, praying that the same be modified by directing petitioner AMA to restore to their original condition the three (3) residential condominium units belonging to him within one (1) year.He claims that a remand of the case to the HLURB will cause him additional damages since the HLURB decision will again be elevated to higher authorities.

It must be stressed that respondent's complaints for recovery of condominium certificates of title and damages were dismissed by the HLURB for lack of jurisdiction. This is the issue raised by petitioner AMA before this Court which we resolved.Respondent's prayer in his present manifestation hinges on the merits of the case which the HLURB has yet to determine.Thus, we remanded the case to the HLURB to give the parties the opportunity to present their respective claims and defenses necessary in the adjudication of their rights and obligations.(Spouses Morales vs. Court of Appeals, G.R. 126196, 285 SCRA 337, 344, January 28, 1998.)

WHEREFORE, respondent's Manifestation and/or Request for Clarification, which we treat as a motion, is hereby DENIED.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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