MAXIMA B. ARCOS AND JUAN ARCOS, ASSISTED BY THEIR ATTORNEY-IN-FACT, ESPERANZA ARCOS VDA. DE OLUYA, PETITIONERS-APPELLANTS, VS. JULIAN ARDALES, RESPONDENT-APPELLEE.

In this appeal
on questions of law from a lower court order of dismissal of June 5, 1965,
petitioners-appellants filed a motion to dismiss appeal dated May 5, 1970.  This motion reads as follows:  “[Petitioners-appellants], together with
[respondent-appellee], to the Hon. Supreme Court, respectfully allege:  1. That in accordance with the Order
promulgated on Jan. 12, 1967, by the Special Division of the Hon. Court of
Appeals, the records of this case was ordered forwarded to the Hon. Supreme
Court; 2. That while this case and some other allied cases were pending, in
court, the parties hereto were able to iron out their differences amicably to
the satisfaction of all parties concerned; 3. That as a matter of fact, the
respondent-appellee herein had long left or otherwise vacated the landholding
in question voluntarily and now living at Castilla, Cumadcad, Sorsogon, where
he is acting presently as tenant of Mr. Santiago Babasa.  He has no desire or interest in asserting any
other right over the landholding involved herein; [Wherefore], it is
respectfully prayed that the herein appeal before the Hon. Supreme Court be
considered as withdrawn or otherwise dismissed due to the grounds herein
alleged.” The signature of respondent-appellee Julian Ardales appears in
such motion.  It was subscribed before
the Clerk of the Court of First Instance of Albay.

WHEREFORE, conformably to the above
motion to dismiss appeal, the appeal is hereby dismissed.  Without costs.

Concepcion, C.J., Reyes, Dizon, Makalintal, Zaldivar,
Teehankee, Barredo, and Villamor, JJ., concur.

Castro, J., on leave.