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[ G.R. No. 120421. July 21, 1999]

UNIVERSAL TEXTILE MILLS, INC. vs. NLRC.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 21, 1999.

G.R. No. 120421 (Universal Textile Mills, Inc. vs. NLRC.)

In the Resolution of 24 February 1999, the Court declared Atty. Sebastian Abrenica guilty of indirect contempt under Rule 71, Sec. Par. (b), of the 1997 Rules of Civil Procedure and ordered his imprisonment until he complied with the resolutions of 9 July 1997 and 9 November 1998 requiring him to pay the increased fine of P2,000.00 and to file comment on the petition for certiorari. The Division Clerk of this Court was directed to issue the corresponding order of arrest and commitment for immediate service by the National Bureau of Investigation (NBI).

On 29 March 1999 Senior Agent Dominador M. Villanueva, III, AFCCD, National Bureau of Investigation, Manila, informed the Court in his return of service of the order of arrest and commitment that Atty. Sebastian Abrenica could not be located at his stated address at No. 55-C Industrial Valley Subdivision in Quezon City; that he sought the help of the local police and barangay captain Boy Alvarez of Brgy. Industrial Valley Complex; that he found out that No. 55-C Industrial Valley Subdivision in Quezon City points to the former Universal Textile Mills plant which is now the Marikina Riverbank Mall. Under the circumstances, it is obvious that Senior Agent Villanueva, III did not exhaust all means to locate and apprehend Atty. Sebastian Abrenica who appears to be a practicing lawyer. Senior Agent Villanueva, III, should at least have inquired from the Office of the Integrated Bar of the Philippines on the address or whereabouts of Atty. Sebastian Abrenica.

Consequently, the Court REITERATES its order of arrest of Atty. Sebastian Abrenica embodied in the resolution of 24 February 1999 and RESOLVES to require again Senior Agent Dominador M. Villanueva III of the NBI to EXHAUST all possible means to ARREST and COMMIT Atty. Sebastian Abrenica to the custody of the NBI until he complies with the resolutions of 9 July 1997 and 9 November 1998, and to MAKE a return to this Court immediately of his compliance herewith.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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