THIRD DIVISION
[G.R. No. 210210. February 12, 2014.]
PHILIPPINE PHOENIX SURETY AND INSURANCE, INC., petitioner,vs. LEXBER, INCORPORATED., respondent.
[G.R. No. 210258. February 12, 2014.]
LN RILLERA & ASSOCIATES, petitioner,vs. LEXBER, INCORPORATED., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 12, 2014,which reads as follows:
"G.R. No. 210210 (Philippine Phoenix Surety and Insurance, Inc. vs. Lexber, Incorporated); and G.R. No. 210258 (LN Rillera & Associates vs. Lexber, Incorporated). — Let G.R. No. 210210 and G.R. No. 210258 be CONSOLIDATED to facilitate the work of the Court and avoid conflicting decisions as both cases involve similar parties and assail the same decision and resolution of the Court of Appeals.
The Court resolves to:
(1) GRANT the motions for extension of time to file petition for review on certiorari, filed by (a) petitioner in G.R. 210210 for thirty (30) days; and (b) petitioner in G.R. No. 210258 for twenty-five (25) days, both counted from the expiration of the reglementary periods;
(2) NOTE and GRANT the Manifestation with Motion to Admit Verification dated January 16, 2014, filed by petitioner LN Rillera & Associates, alleging that the petition failed to include the verification of the petition and certification of non-forum shopping and submitting a compact disc containing a soft copy of the petition and its annexes; and
(3) DIRECT the parties or their counsels in G.R. No. 210258 to INDICATE their contact details in all papers and pleadings to be filed with this Court pursuant to A.M. No. 07-6-5-SC (En Banc Resolution dated July 10, 2007).
The Court resolves, after a review of the records, to DENY the petitions and AFFIRM the Court of Appeals (CA) Decision in CA-G.R. CV 99374 dated June 20, 2013 for:
1. failure to show any reversible error when the CA affirmed the Regional Trial Court Decision holding LN Rillera & Associates and Philippine Phoenix Surety and Insurance, Inc. liable to Lexber, Inc.; and
2. lack of proof of service of the motion on the court of origin and to the adverse party in G.R. 210210, and for failure to provide the contact details of the counsel in G.R. 210258.
SO ORDERED."
Very truly yours,
LUCITA ABJELINA SORIANODivision Clerk of Court
By:
(SGD.) WILFREDO V. LAPITANDeputy Division Clerk of Court