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[G.R. No. 128153-56. June 26, 2000]

PEOPLE vs. VICENTE BUISON

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 26 2000.

G.R. No. 128153-56 (People vs. Vicente Buison.)

For filing a motion to withdraw the appeal of accused-appellant Vicente Buison alleging that the latter had already lost interest in pursuing his appeal when in fact, upon verification, accused-appellant had no intention of withdrawing his appeal, the Court in its Resolution of 7 February 1999 found Atty. Rodolfo B. Ta-asan, Jr., counsel for accused-appellant, guilty of indirect contempt and suspended him from the practice of law for six (6) months.

Atty. Ta-asan, Jr. filed a motion for reconsideration as well as a motion to admit appellant's brief to which was attached his appellant's brief. In its Resolution of 7 July 1999 the Court not only denied the motion for reconsideration of Atty. Ta-asan with finality but also increased his suspension from the practice of law from six (6) months to one (!) year which he must immediately serve upon receipt of the Resolution. The Court denied the motion to admit appellant's brief and expunged the brief from the records for having been haphazardly prepared and would not serve his client any useful purpose.

On 27 October 1999, acting on the motion of Atty. Ta-asan, Jr., seeking clarification as to when his suspension from the practice of law would be reckoned, the Court informed counsel that it should be reckoned from 5 May 1999, the date when he received the 7 April 1999 Resolution. This is confirmed by the sheriff's return of service dated 6 May 1999 and the letter of Executive Judge Virginia Hofile�a-Europa of the Regional Trial Court of Davao City dated 6 September 1999 informing this Court that Atty. Ta-asan, Jr., started serving his suspension on 5 May 1999.

Subsequently, in his Manifestations dated 8 May 2000 and 2 June 2000, respectively, Atty. Ta-asan, Jr., informed the Court that he had already completely served his one (1)-year suspension and requested for a certification to that effect. However, before acting on his request for a certification that he has already completely served his one (1)-year suspension, the Court Resolves ti require the Executive Judge of the Regional Trial Court of Davao City and the Executive Judge of the Municipal Trial Court of Davao City to certify within seven (7) days from receipt of this Resolution that subject Atty. Ta-asan, Jr., did not practice law for one (1) full year from 5 May, 1999 when he started to serve his suspension as reported by Executive Judge Virginia Hofile�a-Europa. The Executive Judges concerned are reminded to be circumspect, factual and truthful in their recommendation for the lifting of the suspension of Atty. Ta-asan, Jr.

The motion of the Public Attorney's Office, counsel de oficio for accused-appellant, for second extension of thirty (30) days from 16 April 2000 within which to file appellant's brief is GRANTED, and the aforesaid appellant's brief dated 12 May 2000 is NOTED, pending filing of the appellee's brief.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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