Philippine Supreme Court Resolutions

GREETINGS:

WHEREAS, the Supreme Court, on June 3, 2008, adopted a resolution the above-entitled case, to wit:

�G.R. No. 168049 (Promencio Fernandez v. Valentin R. Velasco). � the present Petition for Certiorari filed on May 27, 2005 assails the Commission on Elections resolutions dated January 26, 2005 (Second Division) and May 9, 2005 (En Banc) which affirmed the December 3, 2002 decision of the Municipal Trial Court of Paniqui, Tarlac, in an election protest case which declared respondent Valentin R. Velasco winner for the position of Punong Barangay of Barangay Rand-ayan, Paniqui, Tarlac during the July 15, 2002 synchronized Barangay and Sangguniang Kabataan elections.

Considering than the term of office of the position contested by petitioner had expired after the conduct of the October 2007 barangay elections, and that there appears to be no other issue involved in this petition which is independent the petitioner�s claim to the position of barangay chairman, the petition is now considered moot. The Court is, therefore, dispensing with the filing of the Comment

WHEREFORE, the petition is DISMISSED.

Be that as it may, it appearing that Atty. Reynante V. Hilario, counsel for respondent, Unit 203 Pacita Huang Bldg., M.H. Del Pilar St., Estacion, Panique 2307 Tarlac, failed to pay the original fine of Php2,000.00 and the additional fine Php1,000.00 imposed upon him in the resolution of January 22, 2008, for his failure to file an explanation as required in the third show cause resolution of January 23, 2007 which expired on February 19, 2007, and for failure to pay the aforesaid fines, as shown by the Certification, dated April 9, 2008, of Ms. Arceli C. Bayuga, SC Chief Judicial Staff Officer, Cash Collection and Disbursement Division-FMBO, the Court Resolved to

(a) ORDER the arrest of Atty. Reynante V. Hilario; and

(b) DIRECT the Director of the National Bureau of Investigation (NBI), to:

(i) ARREST and DETAIN Atty. Reynante V. Hlario for five (5) days until the latter shall have complied with the resolutions of January 23, 2007, and January 22, 2008, requiring the filing of an explanation and the payment of fines; and

(ii) SUBMIT a report of its compliance with this resolution within ten (10) days from notice hereof.

The Court further Resolved that a copy of this resolution be attached to the records of Atty. Hilario in the Office of the Bar Confidant.�

NOW, THEREFORE, You, Director of the National Bureau of Investigation, are hereby commanded to (a) ARREST Atty. Reynante V. Hilario, counsel for respondent; (b) DETAIN him at the National Bureau of Investigation detention cell, Taft Avenue, manila, until he complies with the resolutions of January 23, 2007 and January 22, 2008, by submitting the required explanation and paying the fines imposed upon him; and (c) make a REPORT of compliance herewith, within ten (10) days from notice hereof.

GIVEN by the Hon. REYNATO S. PUNO, Chief Justice, Supreme Court of the Philippines, this 3^rd day of June 2008.