[G.R. No. 152440. June 5, 2006]

FELICITATION B. BORBAJO v. HIDDEN VIEW HOMEOWNERS, INC., SPS. MARCELINA A. SARCON, ELY D. SARCON, ROBERTO ALVAREZ, CORAZON NOMBRADO AND GILBERT ANDRALES, IN THEIR PERSONAL CAPACITIES

Special Second Division

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUNE 5, 2006

G.R. No. 152440 (Felicitation B. Borbajo v. Hidden View Homeowners, Inc., Sps. Marcelina A. Sarcon, Ely D. Sarcon, Roberto Alvarez, Corazon Nombrado and Gilbert Andrales, in their personal capacities)

It appears from the record that the counsel of record for respondents is Atty. Omar B. Redula, with address at "Athecor Building, Tipolo, 6014 Mandaue City." It was Atty. Redula who filed the Comment dated 4 June 2002, and upon whom a copy of the Court's Decision dated 31 January 2005 was served.

Nonetheless, it appears that the Motion for Reconsideration dated 21 March 2005 ostensibly submitted in behalf of respondents was signed and filed by a certain Atty. Eliseo B. Ceniza, Jr., with office at "Rm. 205, 2^nd Floor, Athecor Building, Tipolo, Mandaue City, Cebu." There is no showing of Atty. Ceniza's authority to file the said Motion for Reconsideration in behalf of respondents, through a duly accomplished Entry of Appearance or a similar pleading. Still, the allegations in the Motion for Reconsideration are, in the interest of justice, serious enough to warrant substantial deliberation.

Premises considered, the Court hereby RESOLVES to REQUIRE Attys. Omar B. Redula and Eliseo B. Ceniza, Jr. to file with this Court, in accordance with Sec. 26, Rule 138 of the 1997 Rules of Civil Procedure, the proper manifestations or motions relative to their appearances before this Court in this case, especially in relation to the Motion for Reconsideration dated 21 March 2005, within a non-extendible period of five (5) days from receipt of this resolution.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Clerk of Court