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[G.R. No. 174462. October 23, 2006]

PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORP. (POTC), PHILIPPINE COMMUNICATIONS SATELLITE CORP. (PHILCOMSAT) v. SANDIGANBAYAN, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY PCGG

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated OCT. 23, 2006 .

G.R. No. 174462 (Philippine Overseas Telecommunications Corp. (POTC), Philippine Communications Satellite Corp. (Philcomsat) v. Sandiganbayan, Republic of the Philippines, represented by PCGG);

G.R. No. 173982 (Philippine Overseas Telecommunications Corp. (POTC) and Philippine Communications Satellite Corp. (Philcomsat) v. Sandiganbayan and Republic of the Philippines)

In the Resolution dated October 11, 2006, the Court, through the Second Division, resolved to consolidate this case, G.R. No. 174462 with G.R. No. 173982 (Phil. Overseas Telecommunications Corp., et al. v. Sandiganbayan, et al.) pending with this Division.

However, considering that in G.R. No. 173982, no petition has yet been filed, as in fact, petitioners therein filed a Motion for Extension of Time to File a Petition for Review which was granted in the Resolution dated September 6, 2006, but before receipt of the aforesaid Resolution, they filed a Motion to Withdraw Previous Motion for Extension of Time to File Petition for Review on the ground that the internal legal counsel of both POTC and Philcomsat has filed a petition docketed as G.R. No. 174462 which involves the same issues and parties, the Court resolves to:

1.� RECALL the Resolution of September 6, 2006 issued in G.R. No. 173982;

2.� GRANT the Motion to Withdraw Previous Motion for Extension of Time to File Petition for Review in G.R. No. 173982; and

3.� REFER BACK G.R. No. 174462 to the Second Division where a petition and an Urgent Application for the Issuance of Temporary Restraining Order have already been filed.

SO ORDERED.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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