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[ A.C No. 3677. April 12, 1999]

DANILO N. CONCEPCION vs. ATTY. DANIEL P. FANDINO, JR.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 12, 1999.

A.C No. 3677 (Danilo N. Concepcion vs. Atty. Daniel P. Fandino, Jr.)

Considering the manifestation of Director Benjamin B. Bernardino dated 21 January 1999, in compliance with the resolution of 23 November 1998, explaining his failure to timely file rejoinder to complainant's manifestation and motion reiterating the prayer to cite him in contempt, and praying that said motion to cite him in contempt be denied for being moot and academic and for lack of merit in view of the submission to this Court of IBP resolution No. XIII-98-208 dated 5 November 1998 as well as the comment thereon of complainant dated 23 February 1999, the Court finds the explanation UNSATISFACTORY and RESOLVES: (a) to impose upon Director Benjamin B. Bernardino a FINE of P1,000.00 payable to this Court within ten (10) days from notice hereof or imprisonment of five (5) days if such fine is not paid within the prescribed period; and, (b) to require him to COMPLY with the resolution of 17 June 1998 by submitting to this Court the required rejoinder also within ten (10) days from notice hereof.

The Court further RESOLVES to TREAT complainant's comment/opposition dated 1 February 1999 to the report of Commissioner Milagros V. San Juan dated 12 August 1998 and IBP resolution dated 5 November 1998 adopting and approving said report as a motion for reconsideration of aforesaid report and IBP Resolution.

The copy of the resolution of 23 November 1998 addressed to Atty. Eusebio P. Navarro at 421 First United Bldg., Escolta, 1003 Manila, which was returned to this Court unserved with notation "Unclaimed," is deemed SERVED on said addressee by substituted service pursuant to Section 8, Rule 13 of the 1997 Rules of Civil Procedure, as amended.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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