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[G.R. No. 157639. September 15, 2004]

MARQUEE MILLS vs. CA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 15 2004 .

G.R. No. 157639 (Marquee Mills Manufacturing, Inc. and Po Chai Kam vs. Court of Appeals [Fifth Division], Joel Lacson, Carmelita Francisco, Lydia B. Guiyab, Ofelia Hofilena, Clemente Galban and Candelaria Anis.)

R E S O L U T I O N

Considering that: the copy of the Resolution dated July 16, 2003, requiring respondents to file comment on the petition for certiorari, addressed to Atty. Elias Jose M. Inciong, counsel for respondents, was returned unserved with notation "RTS Moved Out"; the petition alleges that petitioner Marquee Mills Manufacturing, Inc. has totally shutdown its operations and as such, service of summons and other court processes may be effected upon petitioners through their counsel, Atty. Benigno L. Vivar, Jr.; despite receipt of the Resolution dated November 10, 2003, requiring the submission of the correct and present address of Atty. Inciong, Atty. Vivar failed to comply therewith; the Resolution dated April 14, 2004, directing Atty. Vivar to show cause why he should not be disciplinary dealt with for his non-compliance was subsequently returned unserved with the notation "RTS Moved Out"; Atty. Vivar failed to inform the Court of any change in his address; and the Resolution dated July 7, 2004, requiring petitioners themselves to inform the Court of the present and correct address of Atty. Vivar, addressed to petitioner Po Chai Kam, general manager of petitioner Marquee Mills Manufacturing, Inc., was likewise returned unserved with notation "Moved Out," the Court Resolves to DISMISS the petition for certiorari since the petitioners and their counsel can no longer be located.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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