THE HEIRS OF SILVINO S. UMAHAG, NAMELY: SONIA SUYAT, ROSALINA DECOY AND SILVINO UMAHAG I, PETITIONERS, VS. HON. REGIONAL TRIAL COURT, BRANCH 25, KORONADAL CITY, SOUTH COTABATO, …

Decisions / Signed Resolutions November 18, 2011 TWENTY-FIRST DIVISION SINGH, J.:
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SINGH, J.:


Petitioners, Heirs of Silvino S. Umahag, namely: Sonia Suyat, Rosalina Decoy and Silvino Umahag I, filed a Petition for Certiorari with Application for Temporary Restraining Order under Rule 65 of the Revised Rules of Court seeking the annulment of the Order dated 18 November 2011[1] issued by Hon. Roberto L. Ayco, Acting Judge, Branch 25, Regional Trial Court, Koronadal City, South Cotabato (“RTC”) and the Resolution dated 30 January 2014[2] issued by Hon. Renato V. Tampac, Presiding Judge, RTC.

In compliance with the Minute Resolution dated 18 August 2014,[3] the private respondents, Atty. Wilfredo Diel, Atty. Cecile Diel and the Heirs of Rebecca Sira filed a Compliance[4] informing the Court that the public respondent has conducted further proceedings in Civil Case No. 1628-25 which rendered the petitioners’ application for issuance of a temporary restraining order moot and academic.

Private respondents Atty. Wilfredo Diel, Atty. Cecile Diel and the Heirs of Rebecca Sira filed their Comments on the Petition on 20 October 2014.[5]

Considering that the propriety of suspension of proceedings in Civil Case No. 1628-25 is also the same issue to be resolved on the merits in this Petition and with the filing of the private respondents’ Comments, the Court hereby submits the case for decision together with the application for injunctive relief.

WHEREFORE, the Court hereby NOTES the following:

  1. The Compliance filed by the private respondents;
  2. The Private Respondents’ Comments on the Petition;
  3. The CA-CMIS Report dated 29 January 2015 showing that no Comment was filed by respondent Land Bank of the Philippines as of date despite notice;
  4. The Reply to Tracer as proof of receipt of petitioner’s counsel of the Court’s Minute Resolution dated 18 August 2014;
  5. The CA-CMIS Report dated 29 January 2015 showing that no Manifestation (as to supervening events) was filed by the petitioners as of date; and
  6. The CA-CMIS Report dated 29 January 2015 showing that no Reply was submitted by the petitioners to the private respondents’ Comments.

The instant petition is now submitted for decision sans any comment from respondent Land Bank of the Philippines.

SO ORDERED.

Borja, J., Ch., and Badelles, JJ., concur.

[1] Rollo, pp. 56-61.

[2] Rollo, pp. 76-79.

[3] Rollo, p. 341.

[4] Rollo, pp. 343-345.

[5] Rollo, pp. 348-366.

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