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SECOND DIVISION

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 10 2005 .

G.R. No. 148269 ( Presidential Ad Hoc Fact Finding Committee on Behest Loans represented by Orlando Salvador vs. Ombudsman Aniano Desierto, Ulpiano Tabasondra, Enrique M. Herbosa, Zosimo C. Malabanan, Arsenio S. Lopez, Romeo V. Reyes, Nilo Roa, Heradeo Guballa, Florita T. Shotwell, Benigno Del Rio, Juan F. Trivi�o, and Salvador B. Zamora II .)

In the Resolution dated 27 August 2001, the Court, without giving due course thereto, resolved to require respondents in this case to file their comment to the petition for certiorari filed on 7 June 2001. At the time of the filing of the petition, however, the addresses of respondents Ulpiano Tabasondra, Arsenio S. Lopez, Romeo V. Reyes, Heradeo Guballa, Benigno Del Rio, and Conrado S. Reyes were unknown. There was also no counsel of record for respondents. Notices to file comment were sent only to respondents Enrique Herbosa, Florita T. Shotwell, Nilo Roa, Panfilo O. Domingo, Salvador B. Zamora II, Zosimo Malabanan, and the Office of the Ombudsman.

Since the copies of the 27 August 2001 resolution addressed to respondents Zamora and Trivi�o were returned unserved with notation "Moved Left No Address," the Court, on 12 December 2001, required petitioner to submit the correct and present addresses of Zamora and Trivi�o as well as the addresses of Tabasondra, Conrado S. Reyes, Lopez, Romeo Reyes, Guballa, and Del Rio.

In its Compliance dated 11 March 2002, petitioner was able to submit the addresses of respondents Zamora, Trivi�o, and Conrado S. Reyes but not the address of Tabasondra whose whereabouts were still unknown. Petitioner also stated in said Compliance that respondents Lopez, Romeo V. Reyes, Guballa and Del Rio are allegedly confirmed or presumably deceased.

On 16 December 2002, the Court required petitioner to submit the correct addresses of respondents Shotwell and Malabanan since the copies of the resolutions sent to their addresses on record were returned to this Court unserved with the notations "Unknown," "No one can accept," and "Addressee Out." Petitioner complied on 26 March 2003.

As of 8 December 2003, only respondents Herbosa, Domingo and former Ombudsman Desierto have filed their comment on the petition. On even date, petitioner was required to submit proof of death of respondents Conrado Reyes and Nilo Roa, since they were reported deceased per notations in the returned and unserved copies of this Court's resolutions dated 16 December 2002 and 8 April 2003, and the present address of Shotwell.

Petitioner submitted a Partial Compliance dated 26 January 2005 submitting the addresses of Shotwell and Zamora. In petitioner's Second Partial Compliance dated 24 February 2005, it was stated that per report of the National Statistics Office dated 2 February 2005, there are four (4) death records under the name Nilo Roa, while there are one hundred fourteen (114) death records under the name Conrado Reyes. Since petitioner lacked information on the death and personal circumstances including the middle names of Nilo Roa and Conrado Reyes, it could not yet determine whether said respondents are indeed deceased. Petitioner submitted four death certificates under the name of Nilo Roa and stated that it shall further verify the death of Conrado Reyes.

On 18 April 2005, petitioner was required to submit the correct and present addresses of respondents Tabasondra and Trivi�o. Petitioner was unable to determine the address of respondent Tabasondra even though it sought the assistance of the Bureau of Internal Revenue. However, it learned that respondent Trivi�o had already died and submitted a copy of said respondent's death certificate.

With respect to respondents Tabasondra, Lopez, Romeo V. Reyes, Guballa, and Del Rio, their whereabouts were never determined despite earnest efforts on the part of petitioner. Lopez, Romeo V. Reyes, Guballa and Del Rio are also reportedly deceased. As to respondents Roa, Trivi�o and Conrado Reyes, while petitioner was able to submit their addresses, they too had reportedly died. As to respondent Malabanan and Shotwell, the copies of the resolutions sent to their address on record have been returned to the Court unserved with the notations "Unlocated" or "Unknown." Respondent Zamora has repeatedly refused to accept or receive the copies of the resolutions sent to his address but ultimately the copies of the subsequent resolutions sent to his address were returned unserved with the notation "Moved Out."

In view of the foregoing, the Court deems it proper to consider the case dismissed insofar as respondent Juan F. Trivi�o is concerned in view of his death on 13 April 1994 evidenced by the copy of his death certificate. As to the other respondents, since their present whereabouts can no longer be located despite diligent effort on the part of counsel for petitioners, their comment on the petition for review is dispensed with and the petitioner required to file, within ten (10) days from notice, a consolidated reply to the comments filed by respondents Herbosa, Domingo and Office of the Ombudsman.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Clerk of Court

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