LCL CAPITAL, INC., REPRESENTED BY ITS PRESIDENT, JUAN M. LAMSON, JR., PLAINTIFF-APPELLEE, V. BANK OF THE PHILIPPINE ISLANDS, DEFENDANT-APPELLANT.

Decisions / Signed Resolutions March 21, 2014 SPECIAL TWELFTH DIVISION ELBINIAS, J.:


ELBINIAS, J.:


Before Us is defendant-appellant’s “MOTION TO WITHDRAW APPEAL”[1] (“Motion to Withdraw” for brevity), praying that the Appeal[2] at bench be withdrawn.[3] Defendant-appellant stated the following, among others:

“DEFENDANT-APPELLANT, by counsel, to this Honorable Court, most respectfully manifests that it is no longer interested to further pursue its appeal.

WHEREFORE, premises considered, it is respectfully prayed that an Order be issued considering the instant appeal as withdrawn.“[4] (Emphasis supplied)

Given that defendant-appellant, in its Motion to Withdraw[5] sought the withdrawal of the very Appeal[6] it filed, then the withdrawal of defendant-appellant’s Appeal[7] is justified.

WHEREFORE, defendant-appellant’s Motion to Withdraw[8] is GRANTED. The Appeal[9] at bench is considered WITHDRAWN, and the case is deemed CLOSED and TERMINATED.

SO ORDERED.

Abdulwahid[*] (Acting Chairman) and Dicdican, JJ., concur.


[*] New member vice J. Paredes (inhibited) per raffled dated March 21, 2014.

[1] Rollo, pp. 44-46.

[2] Rollo, pp. 19-27.

[3] Rollo, p. 44.

[4] Rollo, p. 44.

[5] Rollo, pp. 44-46.

[6] Rollo, pp. 19-27.

[7] Rollo, pp. 19-27.

[8] Rollo, pp. 44-46.

[9] Rollo, pp. 19-27.