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[G.R. No. 144476. September 17, 2003]

YONG vs. TIU

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 17 2003.

G.R. No. 144476(Ong Yong, et al. vs. David S. Tiu, et al.)

G.R. No. 144629(David S. Tiu, et al. vs. Ong Yong, et al.)

The Court Resolves to: (a) NOTE and GRANT [1] the motion of petitioners Ong Yong, et al., dated 25 July 2003 to admit the attached opposition to Tius' motion for reconsideration dated 13 May 2003 of the resolution of 8 April 2003 and to Tius' manifestation and motion for the Supreme Court En Banc to take cognizance of these consolidated cases, and [2] the motion of petitioners Ong Yong, et al., dated 14 August 2003 to consider their foregoing opposition as their comment on the Tius' motion for reconsideration dated 13 May 2003 and Masagana Telamart, Inc.'s motion for reconsideration with prayer for referral of the cases to the Court En Banc dated 12 May 2003; and (b) NOTE [1] aforesaid opposition dated 25 July 2003 of petitioners Ong Yong, et al.; [2] the manifestation dated 1 August 2003 of petitioners Ong Yong, et al., adopting aforesaid opposition as their opposition to private respondent Masagana Telamart, Inc.'s manifestation and motion dated 13 May 2003 and motion for reconsideration of the resolution of 8 April 2003 with prayer to refer the cases to the Court En Banc dated 12 May 2003; [3] the manifestation dated 14 August 2003 of petitioner-respondents Willie T. Ong that he is adopting the opposition of the Ong, et al., to Tius' motion for reconsideration dated 13 May 2003 and the latter's manifestation and motion dated 13 May 2003 for the Court En Banc to take cognizance of these cases, as his comment on the motion for reconsideration in compliance with the resolution of 23 July 2003; and [4] David S. Tiu's letter dated 25 August 2003 to the Chief Justice seeking the Chief justice's assistance and reiterating his plea to refer these case to the Court En Banc, referred for appropriate action by the Office of the Chief Justice in a 1^st endorsement dated 25 August 2003.

In view of the resolution of the court En Banc dated 15 July 2003 returning these cases to the Special Second Division after the referral thereof to the Court En banc, the Court further Resolves to CONSIDER as MOOT: (a) the motion dated 4 August 2003 of petitioners-respondents David S. Tiu, et al., reiterating their prayer to refer the consolidated cases to the Supreme Court En Banc; (b) the urgent reiteration dated 4 August 2003 of respondent Masagana Telemart, Inc. of its motion to refer these cases to the Court En Banc; and (c) the motion of petitioners-respondents David S. Tiu, et al., reiterating their manifestation and motion for the Court En Banc to take cognizance of the cases.

Very truly yours,

(Sgd.)TOMASITA B. MAGAY-DRIS
Clerk of Court

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