[G.R. No. 149552.  July 30, 2003]

GMC vs. CA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this Court dated JUL 30 2003.

G.R. No. 149552 (General Milling Corporation vs. Court of Appeals, Ernesto Casio, Rolando Igot, Mario Famador, Nelson Lim, Felicisimo Booc, Procopio Obregon, Jr., Antonio Anipok, Virgilio Pino, Paulino Cabreros, Ma. Luna P. Jumaoas, Dominador Booc, Fidel Valle, Bartolome Auman, Remigio Cabantan, Loreto Gonzaga, Edilberto Mendoza and Antonio Panilag.)

In a Manifestation dated May 12, 2003, respondents Ernesto Casio, et al. bring to the attention of the Court that the consolidated reply was erroneously adverted to in the Resolution dated March 5, 2003 as having been filed by petitioner General Milling Corporation when in fact, it was filed by respondents Virgilio Pino, et al., and that up to this date, petitioner has not filed the required consolidated reply. Respondents Ernesto Casio, et al. thereby pray that petitioner be declared as having waived its right to file said consolidated reply and that the petition for review on certiorari be denied due course.

Finding the Manifestation to be well-taken, the Court resolves to:

a) CORRECT the Resolution dated March 5, 2003 to read as follows:

“The consolidated reply (should be comment) of respondents Virgilio Pino, et al. dated January 24, 2003 on the petition for review on certiorari is NOTED.”

b) DISMISS the petition for review on certiorari for failure of petitioner to file a consolidated reply to the separate comments of respondents Ernesto Casio, et al. and Virgilio Pino, et al. as required in the Resolution dated November 25, 2002 despite receipt of the same on January 17, 2003.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court