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[G.R. No. 141746. August 4, 2004]

BARING vs. MANCAO

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 4 2004.

G.R. No. 141746 (Baltazar Baring, et al. vs. Alfredo Mancao, et al.)

RESOLUTION

In the Resolution of June 4, 2001, the Court gave due course to the instant petition for review on certiorari and required the parties to submit their respective memoranda. Atty. Jose Batiquin, who had filed the comment to the petition on behalf of respondent Heirs of Baring and Remulta, failed to file the memorandum. Consequently, in the Resolution of February 4, 2002, a fine of One Thousand Pesos (P1,000.00) was imposed upon Atty. Jose Batiquin, with the possibility of imprisonment in the event of its non-payment, and he was likewise directed to file the memorandum within five (5) days from notice.

Atty. Ana Marie Angelica P. Batiquin filed a motion for reconsideration on behalf of Atty. Jose Batiquin, explaining that the latter was seriously ill and that:

... his retainership for the Heirs of Baring and Remulta was marked with severe neglect of succeeding follow-up.

Furthermore, none of the clients viewed the case with diligence nor conferred with counsel for the preparation of the respondents' Memorandum. Counsel was likewise bereft of the pertinent records of the case and transcript of stenographic notes that would aid him in the formulation of respondents' Memorandum.

It was prayed that the fine imposed upon Atty. Jose Batiquin be reconsidered and he be allowed to withdraw as counsel for respondent Heirs of Baring and Remulta. In the Resolution of May 27, 2002, the motion for reconsideration was denied for lack of merit, and Atty. Jose Batiquin was directed to pay the fine and file the required memorandum. With respect to his withdrawal as counsel, the Court required Atty. Jose Batiquin to comply with Section 26, Rule 138 of the Rules of Court.

In a Notice of Death dated July 16, 2002, the Court was informed that Atty. Jose Batiquin passed away on June 10, 2002. On January 29, 2003, respondent Heirs of Baring and Remulta were required to submit the name and address of their new counsel. Said respondents failed to comply with the directive of the Court as well as with the Resolution of August 13, 2003, requiring them to show cause why they should not be disciplinary dealt with for their non-compliance. The copy of the Resolution of August 13, 2003 intended for respondent Heirs of Baring and Remulta was returned unserved with notation "RTS insufficient unknown to all mailmen," prompting the Court to require petitioners to submit the present and correct addresses of said respondents. In their Motion with Compliance dated March 23, 2004, petitioners state that respondent Heirs of Baring and Remulta may be served with summons at Mactan Proper, Lapu-Lapu City or the same may be coursed through the barangay captain of Mactan Lapu-Lapu City, adding that the information requested can best be provided by counsel for said respondents.

In a Report dated July 28, 2004, the Division Clerk of Court informs the Court that based on the records of this case from the Court of Appeals, Atty. Evener J. Villasanta is the counsel of respondent Heirs of Baring and Remulta considering his notice of appearance before the Court of Appeals in CA-G.R. No. CV 43555 in substitution of then counsel of record, Nelson O. Yap and Associates, and collaborating counsel, Atty. Jose Batiquin. Moreover, per verification with the Cash Disbursement and Collection Division, this Court, the Division Clerk of Court reports that the fine imposed on Atty. Jose Batiquin in the Resolution of February 4, 2002 has not been paid.

In view of the foregoing, the Court Resolves to:

a)� DIRECT Atty. Evener J. Villasanta to SUBMIT the required MEMORANDUM for respondent Heirs of Baring and Remulta, within thirty (30) days from notice; and

b)� DISPENSE with the payment of the fine imposed in the Resolution of February 4, 2002 upon Atty. Jose Batiquin on account of his demise, and it appearing that Atty. Evener J. Villasanta is actually the counsel of record for respondent Heirs of Baring and Remulta.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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