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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-32709. May 26, 1977.]

DI’MARK’S INC., Petitioner, v. HON. G. A. BUENDIA, Judge of the City Court of Baguio, Branch I, and LANEY MULLER TRUST, represented by OLGA M. BRADY, Trustee, Respondents.


R E S O L U T I O N


AQUINO, J.:


On October 27, 1970 DI’ MARK’s Inc. filed in this Court a petition for prohibition praying that the city court of Baguio be ordered to desist from hearing Civil Case No. 4372 of that inferior court, an ejectment suit filed by Olga M. Brady, as trustee of Laney Muller Trust, against DI’ Mark’s Inc. regarding the lots and buildings located at 4 Abanao Street, Baguio. A supplemental petition was filed on October 30, 1970.

Olga M. Brady answered the petition. The parties filed memoranda. The case was submitted for decision on April 13, 1971.

On April, 1977 this Court required the parties to state whether the case had become moot and academic.

DI’ Mark’s Inc. and Laney Muller Trust in their respective manifestations of April 21 and 25, 1977 stated that DI’s Mark’s Inc. had vacated the premises at 4 Abanao Street, Baguio in December, 1971 and that the instant case had become moot and academic.

WHEREFORE, this case is dismissed for having become moot. No costs.

SO ORDERED.

Fernando (Chairman), Barredo, Antonio and Martin, JJ., concur.

Concepcion Jr., is on leave.

Martin, J., was designated to sit in the Second Division.

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