[G.R. No. 143791. March 4,
2002]
GARRUCHO vs. CA, et
al.
Gentlemen:
Quoted hereunder, for your information,
is a resolution of this Court dated MAR 4 2002.
G.R. No.
143791 (Peter D. Garrucho v. Court of
Appeals, Hon. Oscar B. Pimentel (In His Capacity as Presiding Judge of the
Regional Trial Court, Branch 148, Makati City), Sheriff Renato C. Flora (in his
Capacity as Branch Sheriff), and Ramon Binamira.)
Perusing the Memoranda submitted by both
parties in this case, the Court notes that petitioner raised the issue of the
alleged prematurity of the Orders of the respondent trial court granting
execution and the issuance and enforcement of the writ of execution for the
first time in his Memorandum dated December 22, 2000. This argument is anchored on the pending appeal of Andrea
Domingo, petitioner’s co-defendant in the original case below. In the interest of justice and due process,
the Court hereby RESOLVES to give respondent the opportunity to
answer this issue of prematurity in a Supplemental Memorandum, to be filed
within twenty (20) days from receipt hereof.
SO ORDERED.
Very truly yours,
(Sgd.) JULIETA Y. CARREON