THIRD DIVISION
[G.R. No. 203770. October 14, 2013.]
MANUELA AZUCENA MAYOR, petitioner, vs. MR. EDWIN TIU AND DAMIANA CHARITO MARTY, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 14, 2013, which reads as follows:
"G.R. No. 203770 (Manuela Azucena Mayor vs. Mr. Edwin Tiu and Damiana Charito Marty). — Private respondent Damiana Charito Marty's (Marty) opposition (comment) to petitioner's motion for issuance of a temporary restraining order and writ of preliminary injunction is NOTED.
It appearing that Atty. Pacifico Borja, counsel for Edwin Tiu, failed to file comment on the petition for review on certiorari required in the Resolution dated January 23, 2013 within the period fixed therein which expired on March 30, 2013, the Court resolved to DISPENSE with the filing of respondent Tiu's comment.
Considering the allegations, issues and arguments adduced in the petition for review on certiorari, as well as the comment of respondent Marty thereon and the reply of petitioner thereto, the Court further resolved to (a) GIVE DUE COURSE to the petition; and (b) DISPENSE with the filing of the parties' memorandum. TCIEcH
In its June 26, 2013 Resolution, the Court noted, among others, the petitioner's motion for issuance of temporary restraining order and writ of preliminary injunction, dated June 14, 2013, to restrain the administrator of the estate of Rosario Guy-Juco Villasin and/or any other person acting on its behalf, from conducting an audit/inventory of Primrose Development Corporation (Primrose) including the rentals and earnings derived from the lessees of the corporation like Mercury Drug and Chowking Restaurant; and required the respondents to comment on the said motion.
In a supplement to their motion, dated June 17, 2013, the petitioner informed the Court that the inventory and accounting of Primrose would already commence on June 19, 2013. Respondent Marty filed an Opposition to the issuance of a TRO and Writ of Preliminary Injunction, dated July 3, 2013.
Acting on the petitioner's Motion for Issuance of Temporary Restraining Order and Writ of Preliminary Injunction, dated June 14, 2013, the Court resolved to:
(a) GRANT the aforesaid motion; and
(b) ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining the Regional Trial Court, Branch 6, Tacloban City, from enforcing and implementing its January 20, 2011 Order, insofar as the corporate properties of Primrose Development Corporation are concerned to avert irreparable damage to a corporate entity, which has a separate personality of its own, as finally adjudicated in the October 16, 2009 CA Decision in CA-G.R. S.P. No. 04254. This is, of course, without prejudice to the rights of respondent Damiana Charito Marty to her share in the said corporation, which is not a party in this case. (Abad, J., on official leave;Brion, J., designated acting member per Special Order No. 1554 dated September 19, 2013;Leonen, J., on official leave; Leonardo-de Castro, J., designated acting member per Special Order No. 1570 dated October 14, 2013)
SO ORDERED." SDAaTC
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court