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[ A.C. No. 4585. February 3, 1999]

MICHAEL P. BARRIOS, vs. ATTY. FRANCISCO MARTINEZ.

SECOND DIVISION

Gentlemen:

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

A.C. No. 4585 (Michael P. Barrios vs. Atty. Francisco Martinez.)

The letter of Robert Visbal, Provincial Prosecution Office, Tacloban City, dated December 2, 1998, requesting the resolution of this case is NOTED.

It appearing that respondent Atty. Francisco Martinez failed up to this very late date to comply with the resolution of April 27, 1998 ordering him to pay a fine of P2,000.00 for his failure to comply with the resolution of February 17, 1997 requiring him to explain why he should not be disciplinarily dealt with or held in contempt for his failure in turn to file his comment on the administrative complaint and to submit the said comment, the Court, accordingly, DECLARES Atty. Francisco Martinez GUILTY of contempt under Rule 71, Section 3[b] of the 1997 Rules of Civil Procedure, and ORDERS his IMPRISONMENT until he complies with the aforesaid resolutions of February 17, 1997 and April 27, 1998. The Division Clerk of this 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 Atty. Francisco Martinez and to COMMIT him to your detention cell until he complies with the resolutions of February 17, 1997 and April 27, 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, third 3rd day of February, nineteen hundred and ninety-nine.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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