[G.R. No. 140836.
August 5, 2002]
ILIGAN BAY MFG. CORP., et al. vs. DY
Gentlemen:
Quoted hereunder, for your
information, is a resolution of this Court dated AUG 5 2002.
G.R. No.
140836 (Iligan Bay Manufacturing
Corp., United Coconut Oil Mills, Inc., Jeremias Benico, et al. vs. Henry Dy.)
and G.R. No. 140907 (Iligan Bay Manufacturing Corp., United Coconut Oil
Mills, Inc., Jeremias B. Benico, et al. vs. Henry Dy.)
These consolidated cases arose from the decision, promulgated on November 27, 1998, of the Court of Appeals in CA-G.R. SP No. 41870 which reversed and set aside the decision of the Regional Trial Court (RTC) of Iligan City, Branch 5.
Due to the
conflicting factual statements advanced by the parties, as well as the opposite
views taken by the trial court and the Court of Appeals, the RTC was directed
to forward to this Court the records of the cases. However, in a letter
addressed to Atty. Teresita G. Dimaisip, Deputy Clerk of Court and Chief of the Judicial Records
Office of the Supreme Court, Atty. Nefereteri S. Cristobal, Clerk of Court V of
Branch 2, informed the Court that the complete records of Civil Cases Nos. 1300, 1322 and 1324 were
destroyed when the storeroom where the records were kept get flooded.
In view of
the importance of the records in the resolution of these cases, the Presiding Judge of the RTC, Branch 2, Iligan
City is DIRECTED to reconstitute the complete records of the cases within
ninety (90) days from receipt hereof and forthwith forward the reconstituted
records to this Court within thirty (30) days from the completion thereof.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court