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[G.R. No. 160936. June 26, 2006]

TEODORA CATUIRA, FOR HERSELF AND IN REPRESENTATION OF THE HEIRS OF SIMPLICIO CATUIRA v. TEODORA A. YSON

First Division

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUNE 26, 2006

G.R. No. 160936 (Teodora Catuira, for herself and in representation of the Heirs of Simplicio Catuira v. Teodora A. Yson )

In the Resolution dated October 12, 2005, the Court noted petitioners' compliance with the Resolution dated July 27, 2005 submitting a certified true copy of death certificate of respondent Teodora A. Yson and resolved that before acting on the Manifestation dated June 2, 2004 filed by the counsel of respondent, the Samonte Felicen Tria Samonte and Hernandez Law Offices, praying that it be relieved from its duty as counsel, said counsel was required to submit to the Court the names and addresses of deceased respondent's legal representatives pursuant to Section 16, Rule 3 of the Rules of Court.

In his Manifestation dated December 27, 2005 Atty. Renato C. Samonte, Jr. of the Samonte Felicen Tria Samonte and Hernandez Law Offices stated that per report of their staff, as shown by the affidavit attached thereto, the son-in-law of the respondent living in her given address averred that nobody in the family is interested in the present case and that he did not provide names and addresses of the members of the family.

ACCORDINGLY, petitioners are ORDERED to procure the appointment of an executor or administrator for the estate of the deceased respondent Teodora A. Yson pursuant to the last paragraph of Section 16, Rule 3 of the Rules of Court, within 30 days from notice.

The withdrawal of appearance of the Samonte Felicen Tria Samonte and Hernandez Law Offices as counsel for respondent is NOTED and it is RELIEVED from its corresponding obligation as counsel.

SO ORDERED.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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