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[G.R. No. 148822. July 28, 2003]

PEOPLE vs. PENDATUN

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 28 2003.

G.R. No. 148822(People vs. Samrod Pendatun, Richard Nu�ez, Canapi Ambalgan Noel Lantikan, Joven Kasem, Sarah Pendatun & Tarhata Salmore.)

The records of this case disclose that a notice of appeal was filed by appellant Tarhata Salmore through her counsel of record, Atty. Reynaldo A. Cardeno (Rollo, p. 69). A notice to file appellant's brief dated January 7, 2002 was thereafter sent to Atty. Cardeno and to the counsel of record of the other appellants, Atty. Harry Pajares (Rollo, p. 72).

Atty. Pajares thus filed a brief for all the appellants except Salmore. The Office of the Solicitor General (OSG) filed an appellee's brief in behalf of the State which the court subsequently noted in the resolution dated October 2, 2002. In the same resolution, Atty. Pajares was also required to file a reply brief, but the same was dispensed with on November 27, 2002 when a copy of the resolution was returned unserved with postman's notation "RTS moved out". Thereafter, the case was deemed submitted for decision.

IN VIEW OF THE FOREGOING, Atty. Cardeno is hereby directed to SHOW CAUSE why he should not be disciplinarily dealt with or held in contempt for failure to comply with the notice to file appellant's brief for his client, Tarhata Salmore, and to COMPLY with said notice by submitting the said brief, both within ten (10) days from receipt of notice. Appellant Tarhata Salmore is also hereby directed to manifest, through the Superintendent-Correctional Institution for Women, whether she desires the appointment of counsel de officio, in case Atty. Cardeno fails to comply with the foregoing directive.

Very truly yours,

(Sgd.)VIRGINIA ANCHETA-SORIANO
Clerk of Court


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