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[ G.R. No. 121731-33. July 21, 1999]

PEOPLE vs. DARWIN DAVID.

SECOND DIVISION

Gentlemen:

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

G.R. Nos. 121731-33 (People vs. Darwin David.)

On 19 February 1997 the Court issued a resolution which required Atty. Pedro Caringal, counsel for accused-appellant, to show cause why he should not be disciplinary dealt with or held in contempt for his failure to file brief within the period which expired on 14 June 1996, and to submit brief both within ten (10) days from notice.

Atty. Caringal failed to comply with the resolution of 19 February 1997 despite receipt. On 13 August 1997 the Court issued another resolution, this time imposing upon Atty. Caringal a fine of P1,000.00 and imprisonment of five (5) days in case of nonpayment. The Court further required counsel to comply with the resolution of 19 February 1997. Records show that counsel received the resolution of 13 August 1997 on September 1997.

On 16 February 1998, it appearing that Atty. Caringal failed to pay the fine of P1,000.00 imposed upon him in the resolution of 13 August 1997 for failure to show cause and to file the required brief, the Court increased the fine of P2,000.00 with imprisonment of ten (10) days in case of nonpayment. Counsel was likewise ordered to comply with resolution of 13 August 1997 within ten (10) days from notice. The resolution of 16 February 1998 was returned to this Court unserved, with notation "No longer connected at given address."

ACCORDINGLY, the Court Resolves to order the National Bureau of Investigation to ARREST Atty. Pedro Caringal and to keep him under confinement until he explains his persisted failure to file brief pays the fine of P2,000.00 and submits the required brief as mandated in the resolution of 19 February 1997 and 13 August 1997.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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