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[G.R. No. 125756. September 1, 2003]

DE BALDEMORO vs. CA

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 1 2003.

G.R. No. 125756 (Gundita Vda. De Baldemoro, et al. vs. Court of Appeals, Bicol Development Bank, Bienvenido P. Altea.)

Before this Court is a petition for review on certiorari assailing the July 18, 1996 Decision [1] cralaw of the Court of Appeals in CA-G.R. CV No. 37241 upholding the January 28, 1992 Decision of the Regional Trial Court, 5th Judicial Region, Branch 2, Legazpi City in Civil Case No. 8457.

On July 9, 1991, petitioners filed a complaint [2] cralaw against Bicol Development Bank and Provincial Sheriff Bienvenido P. Altea for annulment of mortgage loan agreements and promissory notes and damages with prayer for preliminary injunction/restraining order.

After trial, judgment [3] cralaw was rendered dismissing the complaint of petitioners and awarding actual damages to the provincial sheriff in the amount of P1,000.00.

Petitioners appealed to the Court of Appeals which affirmed the trial court's decision by Decision of July 18, 1996.

Hence, the present petition filed on August 14, 1996.

By Resolution [4] cralaw of September 16, 1996, this Court required the respondents to comment on the petition.

On October 31, 1996, respondents filed their comment. [5] cralaw

By Resolution [6] cralaw of January 13, 1997, this Court required petitioners to file a reply.

On February 11, 1997, petitioners filed their reply. [7] cralaw

By Resolution [8] cralaw dated February 24, 1997, this Court required respondents to file a rejoinder.

On April 11, 1997, respondents filed their rejoinder to petitioners' reply.

On June 5, 2001, petitioners filed a motion to withdraw [9] cralaw the petition alleging that the principal petitioner, Gundita Vda. De Baldemoro, is already dead and her children are unwilling to substitute her as party petitioners as they desire to have the controversy settled amicably with the respondent bank.

By Resolution [10] cralaw of January 13, 2003, this Court required respondents to comment on the motion to withdraw the petition.

On March 12, 2003 respondent sheriff filed his comment [11] cralaw on the motion to withdraw, manifesting that he has no objection to the motion provided that the damages awarded to him be paid.

On March 19, 2003, respondent bank filed its comment [12] cralaw manifesting that it has no objection to the withdrawal of the petition.

There being no objection by private respondents to petitioners' motion to dismiss, under the circumstances, this Court has to grant the motion.

WHEREFORE, the motion to withdraw the present petition is hereby GRANTED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court



Endnotes:

[1] cralaw Rollo at 14-20.

[2] cralaw Records at 1-7.

[3] cralaw Id. at 208-220.

[4] cralaw Rollo at 24.

[5] cralaw Id. at 26.

[6] cralaw Id. at 28.

[7] cralaw Id. at 30-31.

[8] cralaw Id . at 32.

[9] cralaw Id. at 40-41.

[10] cralaw Id. at 46.

[11] cralaw Id. at 55.

[12] cralaw Attached to Rollo.


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