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[ G.R. No. 129285. January 18, 2000]

PEOPLE vs. ROBERTO PALABRICA y BARCUMA

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2000.

G.R. No. 129285 (People of the Philippines vs. Roberto Palabrica y Barcuma.)

For his failure to file the appellant's brief within the prescribed period which expired on November 26, 1997, Atty. Vic Agravante was required on June 2, 1998 to show cause why he should not be dealt with for contempt. At the same time, he was ordered to submit the appellant's brief within ten (10) days from notice. As he still failed to comply with the Court's order, Atty. Agravante was fined P1,000.00 on March 23, 1999 and ordered to file the appellant's brief. For his continued failure to comply with this Court's order, the fine was increased to P2,000.00 on June 23, 1999. Atty. Agravante filed a motion seeking reconsideration of the resolution of March 23, 1999, but his motion was denied.

The record shows that despite receipt of the resolution of June 23, 1999 on August 12, 1999, Atty Agravante has not until now filed the appellant's brief. On September 21, 1999, he paid only P1,000.00, which was noted by the Court in its resolution of November 16, 1999 as partial payment of the increased fine of P2,000.00 imposed in the resolution of June 23, 1999.

For the foregoing reasons, the Court RESOLVED to FIND Atty. Vic Agravante GUILTY of contempt of Court and to order his IMPRISONMENT until he files the appellant's brief and pays the amount of P1,000.00 as balance of the fine imposed on him.

Very truly yours,

LUZVIMINDA PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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