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[G.R. No. 151258.November 13, 2002]

VILLAREAL vs. PEOPLE

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 13 NOV 2002.

G.R. No. 151258 (Artemio Villareal vs. People of the Philippines.)

Acting on the motion of petitioner for reconsideration of the resolution of August 26, 2002 denying the petition for review on certiorari of the decision of the Court of Appeals dated January 10, 2002 for being premature, the Court acknowledges the clerical error in stating that the reason therefor is because no motion for reconsideration was filed by herein petitioner before the court a quo, such motion for reconsideration not being required before the filing of a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, the real reason being that there were two motions for reconsideration filed by the other parties before the said court apparently still pending resolution at the time the instant petition was filed. It now appearing that the said motions for reconsideration have in the meantime been resolved by the Court of Appeals in a resolution dated August 30, 2002, the Court Resolves to:

(a)������� GRANT the reconsideration;

(b)������� REINSTATE the petition; and

(c)������� require the Solicitor General to COMMENT on the petition for review on certiorari (not to file a motion to dismiss) within ten (10) days from notice hereof.

The Court further Resolves to NOTE the entry of appearance of Attys. Miguel G. Damaso and Joel S. Espinueva of the law firm Quiason Makalintal Barot Torres & Ibarra, 21st Floor, Robinsons-Equitable Tower, 4 ADB Avenue corner Poveda St., No. 1605 Ortigas Center, Pasig City, as counsel for petitioner.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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