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[G.R. No. 127785. March 1, 2004]

vs. CA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 1 2004 .

G.R. No. 127785 (Hon. Reynaldo O. Malonzo, Mayor of Caloocan City and Erlinda B. Mauricio, M.D. in her capacity as Chief, City Health Department, Caloocan City vs. Court of Appeals, Hon. Adoracion Angeles in her capacity as Presiding Judge, Regional Trial Court, Branch 121, Caloocan City, Ma. Dolores O. Pagaduan, Erna Lyn J. Yulo, Arlene Heresano, Norma A. Manere and Lolita Delostrico.)

The present petition assails the Decision dated 8 January 1997 of the Court of Appeals in CA-G.R. SP No. 42509 dismissing the petition for certiorari filed by petitioners Malonzo, et al.The subject of the petition before the Court of Appeals is the interlocutory Order dated 15 November 1995 of the Regional Trial Court of Caloocan City ("RTC-Caloocan City") issued in Civil Case No. C-422 granting the prayer of respondent Yulo, et al. for a writ preliminary injunction, as well as the Order of 30 October 1996 denying petitioners' Motion for Reconsideration.

Considering that the main petition for prohibition/injunction with Preliminary Injunction docketed as Civil Case No. C-422 was filed way back in October 1995, the Court, in its Resolution dated 21 January 2004 required petitioners to inform the Court of the present status of the case, within ten days from the receipt of the Resolution.

On 4 February 2004, petitioners, through counsel Atty. Nestor Francisco, City Legal Officer of Caloocan City, manifested to the Court that the last incident involving Civil Case No. C-422 is the Order of the RTC-Caloocan City issued on 29 January 1998, the dispositive portion of which reads:

WHEREFORE, premises considered, this Court hereby grants the petition insofar as petitioners Ma. Dolores O. Pagaduan and Norma A. Manere are concerned but denies the same with respect to petitioners Ernalyn J. Yulo, Arlene Jeresano and Lolita Delostrico.

Let a Writ of final injunction issue in favor of petitioners Ma. Dolores O. Pagaduan and Norma A. Manere against herein respondents Caloocan City Mayor Reynaldo O. Malonzo and Dr. Erlinda B. Mauricio.

The said Order effectively rendered the issues raised in the present petition moot and academic.Moreover, the records of the main case, Civil Case No. C-422, have been transmitted, on appeal, to the Court of Appeals.

WHEREFORE, in view of the foregoing, the Court RESOLVES to consider the present petition MOOT and ACADEMIC, and the same is closed and terminated.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

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