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[G.R. No. 151994.February 20, 2002]
MERCADO vs. HON. SALCEDO
THIRD DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 20 2002.
G.R. No. 151994(George Mercado vs. Hon. Erasto D. Salcedo, Presiding Judge Regional Trial Court, Tagum City, Branch 31.)
Considering the allegations contained, the issues raised and the arguments adduced in the petition for review on certiorari, with prayer for the issuance of temporary restraining order, the Court Resolved, without giving due course to the petition, to require the respondent to COMMENT thereon, within ten (10) days from notice and to ISSUE the TEMPORARY RESTRAINING ORDER prayed for to restrain the enforcement of the Warrant of Arrest, dated February 5, 2002, issued against herein petitioner George Mercado, by respondent Judge Erasto D. Salcedo, Presiding Judge of the Regional Trial Court of Tagum City, Branch 31, pursuant to his order dated February 4, 2002, finding petitioner guilty of Direct Contempt, effective today, February 20, 2002.
The Court further Resolved to REFER the petition to the Court of Appeals, for appropriate action and disposition, including the lifting of the Warrant of Arrest herein issued as the circumstances may warrant, pursuant to Section 6, Rule 56 of the 1997 rules of Civil Procedure, quoted as follows:
"An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action.The determination of the Supreme Court on whether or not issues of fact are involved shall be final. [n]"
Very truly yours,
(Sgd.) JULIETA Y. CARREON
Clerk of Court
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