SPS. EBON LATAGAN AND MARIA JERERA LATAGAN, PETITIONERS, V. HON. JUDGE MAMERTO BUBAN OF RTC-BRANCH 18 – TABACO CITY, HON. JUDGE ALBEN RABE OF RTC-BRANCH 15- TABACO CITY, AND SPS…
ELBINIAS, J.:
“1. xxx [I]n Civil Case [N]o. T-2448 which is intimately related to this petition, parties
have already amicably settled their claims and differences per Judgment
Based on Compromise Agreement issued by RTC-Branch 17, Tabaco City xxx.2. That in view of the said settlement, petitioners are
hereby withdrawing the instant petition and respectfully move for its
dismissal, it having been rendered moot and academic.“[2] (Emphasis supplied)
On October 11, 2011, a Resolution[3]
was issued, requiring private respondents Sps. Cesar Bulawan and Salome
Bulawan (“private respondents” for brevity) to confirm and/or to
comment on petitioners’ Motion to Withdraw Petition[4]
within ten (10) days from notice, with a warning that failure of
private respondents to respond on the matter would be treated by the
court as tacit assent on petitioners’ allegation of amicable settlement
between the parties. The situation would therefore justify the Court to
grant petitioners’ Motion.[5]
On November 3, 2011, private respondents filed their Manifestation[6]
stating that “private respondents respectfully confirm that an amicable
settlement had been agreed upon by herein parties with the intention to
end the instant litigation.”[7]
Considering that petitioners are withdrawing their Petition, which
withdrawal is also not objected to by private respondents, then
petitioners’ Motion is justified.
IN VIEW OF ALL THESE, petitioners’ Motion to Withdraw Petition is GRANTED. Accordingly, the Petition is DISMISSED.
SO ORDERED.
Dicdican (Chairman) and Paredes, JJ., concur.
[1] Rollo, pp. 209-211.
[2] Rollo, p. 209.
[3] Rollo, p. 213.
[4] Rollo, pp. 209-211.
[5] Rollo, pp. 209-211.
[6] Rollo, pp. 214-215.
[7] Rollo, p. 214.