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G.R. No. 140049. November 11, 2002

GARCIA vs. C.A. et al.

SECOND DIVISION

Gentlemen :

Quoted hereunder, for your information, is a resolution of this court dated 11 NOVEMBER 2002 :

G.R. No. 140049. (Nicolas Garcia vs. Court of Appeals and Roger R. San Luis).

Before the Court is the letter-request dated June 25, 2002 of the counsel of the petitioner for the withdrawal and remittance to them of the amount of P50,000.00 which was deposited by the petitioner with the Court as bond for the issuance of a temporary restraining order and/or writ of preliminary injunction in this case. However, under the "Joint Motion For Approval of and Judgment on Compromise Agreement" signed by the parties, dated March 25, 2000 , the said amount shall be released only to the petitioner or to any of his representatives. The counsel of the petitioner, however, failed to submit to the Court a Special Power of Attorney executed by the petitioner authorizing them or any one of them to withdraw and receive the said amount for him.

ACCORDINGLY , the counsels of the petitioner are hereby DIRECTED to submit to the Court within ten (10) days from notice hereof, a Special Power of Attorney executed by the petitioner authorizing them or any of them to withdraw from the Court and to receive the aforesaid amount of P50,000.00. Until then, further action on the letter-request of the counsel of the petitioner is held in abeyance.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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