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[G.R. No. 159700. May 18, 2004]

AMBROS vs. COA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 18 2004 .

G.R. No. 159700 (Rohbert A. Ambros, etc., et al. vs. Commission on Audit, et al.)

The Court Resolved to

(a) NOTE the Comment dated 8 March 2004 filed by the Office of the Solicitor General for respondent Commission on Audit in compliance with the resolution of 25 November 2003; and

(b) NOTE and GRANT the Motion for Leave to File and Admit Herein Incorporated Reply to Respondent Commission on Audit's Comment dated 2 April 2004 filed by counsel for petitioners.

Considering the allegations, issues and arguments adduced in the petition, as well as in the comment thereon, and in the reply, the Court Resolved to (1) GIVE DUE COURSE to the petition; (2) TREAT the comment as ANSWER; and (3) REQUIRE the parties to SUBMIT their respective MEMORANDA within thirty (30) days from notice hereof.

The memorandum of each party shall contain the following:

(a) A "Statement of the Case," which is a clear and concise statement of the nature of the action, a summary of the proceedings, the challenged decision, resolution or order of the court below, the nature of the judgment and other matters necessary to an understanding of the nature of the controversy;

(b) A "Statement of the Facts," which is a clear and concise statement in a narrative form of the established facts;

(c) A "Statement of the Issues," which is a clear and concise statement of the issues to be submitted to the Court for its resolution;

(d) The "Argument," which is a clear and concise presentation of the argument in support of each issue; and

(e) The "Relief," which is a specification of the order or judgment which the party seeks to obtain.

No new issues may be raised by a party in his/its Memorandum, and the issues raised in his/its pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties' previous pleadings, the Court may consider the Memorandum alone in deciding or resolving this petition.

Davide, Jr., C.J. and Puno, J., on official business.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Acting Clerk of Court

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