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[G.R. No. 142474. September 27, 2004]

R.N. SYMACO vs. SANTOS

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 27 2004 .

G.R. No. 142474 (R.N. Symaco Trading Corporation and/or Norma Symaco and Estate of Mariano Guizon vs. Luisito T. Santos, for and in behalf of the Malabon Fish Brokers Association.)

In compliance with the Resolution dated August 9, 2004 directing the Judicial Records Division of the Court of Appeals to transmit the missing Transcript of Stenographic Notes and Folder of Exhibits, Arsenic B. Sipin, Jr., Chief of the Archives Section of the Court of Appeals, informed the Court that it could not forward the missing case records. Per entry in the Logbook of the Civil Cases Records Unit of the Court of Appeals, the Office of Justice Demetrio G. Demetria received the original records of the case on January 22, 1997, consisting of the following: one (1) Folder of Original Records; one (1) big brown envelope containing the Exhibits; and five (5) original copies of the Transcript of Stenographic Notes with five (5) duplicate copies. The Logbook of the Records Unit of the Archives Section of the Court of Appeals, on the other hand, indicates that after the decision in the case was promulgated on February 21, 2000, the Records of the case, were returned on January 18, 2001, but without the brown envelope containing the Exhibits, as well as the original and duplicate copies of the Transcript of Stenographic Notes. According to Archives Section Chief Sipin, Jr., the Judicial Records Section repeatedly called the attention of the Office of then Associate Justice Demetria about the missing case records until the latter's separation from office, but the said records were never returned to the Archives Section.

IN VIEW THEREOF, the petitioners are required to SUBMIT to this Court, a complete set of Exhibits and Transcripts of Stenographic Notes of this case, within ten (10) days from receipt hereof, upon prior coordination with the counsel for the respondents.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court


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