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[ G.R. No. 117266. February 3, 1999]

PAPA SECURITIES CORP, vs. COURT OF APPEALS, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 3, 1999.

G.R. No. 117266 (Papa Securities Corporation vs. Court of Appeals, et al.)

In the decision dated March 13, 1997, the Court declared respondents Ventura O. Ducat and Atty. Elgar Cruz guilty of indirect contempt and imposed on respondents Ducat and Atty. Cruz fines of P500.00 and P1,000.00, respectively, with stern warning that a repetition of the same or similar acts in the future will be dealt with more severely.

Atty. Cruz paid the fine after denial of his motion for reconsideration of the decision but respondent Ducat persisted in his failure to pay the same despite finality of the decision. Consequently, the Court increased the fine to P1,000.00 in the resolution of December 3, 1997 and, subsequently, to P2,000.00 in the resolution on August 3, 1998, payable within ten (10) days from notice otherwise respondent shall suffer ten (10) days imprisonment. Up to this date, however, respondent Ducat, as certified to by the Court's Cashier, has not paid the increased fine of P2,000.00.

In view of respondent Ventura O. Ducat's persistent failure to pay the fine mandated in this Court's final judgment, as last increased in the resolution of August 3, 1998, the Court RESOLVES to ORDER his IMPRISONMENT until he pays the fine of P2,000.00 imposed in the resolution of August 3, 1998. The Division Clerk of Court is hereby directed to ISSUE the Order of Arrest and Commitment for immediate service by the National Bureau of Investigation."

NOW, THEREFORE, You are hereby COMMANDED to ARREST Mr. Ventura O. Ducat and to COMMIT him to your detention cell until he pays the fine of P2,000.00 imposed in the resolution of August 3, 1998, unless further detained for some other lawful cause, and to MAKE an immediate return of compliance therewith.

GIVEN by the HONORABLE JUSTICE JOSUE N. BELLOSILLO, Chairman of the Second Division of the Supreme Court of the Philippines, this 3rd day of February, nineteen hundred and ninety-nine.

Very Truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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