[ G.R. No. L-48424. June 28, 1983 ]

[ G.R. No. L-48424. June 28, 1983 ]

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SECOND DIVISION

[ G.R. No. L-48424. June 28, 1983 ]

CONSTANCIO MANZANO, FELICISIMO NAGAC AND SPOUSES FELIX AND CORAZON CAHOY, PETITIONERS, VS. JUDGE MEYNARDO A. TIRO, OF THE COURT OF FIRST INSTANCE OF MISAMIS ORIENTAL AND THE CITY OF CAGAYAN DE ORO, RESPONDENTS.

R E S O L U T I O N

ABAD SANTOS, J.:

The petitioners in this case are the following: CONSTANCIO MANZANO, FELICISIMO NAGAC and the SPOUSES FELIX and CORAZON CAHOY. The principal issue is whether or not the City of Cagayan de Oro can expropriate the lands of the petitioners for its City Engineer's Office and Equipment Depot.

Felicisimo Nagac in a Manifestation filed on June 11, 1979, prayed that he be stricken as a petitioner on the ground that he did not authorize the petition. (Rollo, p. 233.)

The Cahoy spouses filed a Motion on September 14, 1979, praying that their names be deleted as parties to the petition for the same reason given by Nagac. (Rollo, p. 251.)

Finally, Constancio Manzano filed a Motion to Withdraw Petition on May 15, 1981 on the ground that the City of Cagayan de Oro can indeed expropriate his land. (Rollo, p. 275.)

The prayers of each and all of the petitioners are hereby granted. The instant petition is dismissed for the reasons stated by the petitioners. No costs.

SO ORDERED.

Makasiar (Chairman), Aquino, Concepcion Jr., Guerrero, De Castro and Escolin, JJ., concur.