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SECOND DIVISION

Sirs and Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated APR 4 2005.

G.R. No. 158253 (Republic vs. Carlito Lacap, doing business under the name and style CARWIN Construction and Construction Supply.)

R E S O L U T I O N

In the April 14, 2004 Resolution, Atty. Jaime F. Estrabillo, counsel for respondent, was required to SHOW CAUSE why he should not be disciplinarily dealt with and held in contempt for failure to file Comment as required in the Resolution of August 6, 2003 and to comply therewith.

In the November 8, 2004 Resolution, the Court imposed a fine of P1,000.00 to Atty. Estrabillo and required him to comply with the August 6, 2003 Resolution for failure to comply with the aforesaid show cause Resolution of April 14, 2004.

In this present Manifestation dated December 1 , 2004, Atty. Estrabillo states that as early as May 25, 2004, he had already complied with the Resolution of August 6, 2003, copy furnished the Office of the Solicitor General (OSG). Atty. Estrabillo attached photocopies of the explanation and Comment and the return card showing receipt thereof by the OSG and marked as Annexes "A," "B" and "C." Thus, Atty. Estrabillo prays that the requirements of the Resolution dated August 6, 2003 be considered complied with.

We cannot consider the foregoing "compliance" in the subject Manifestation to be a compliance with the Resolution dated August 6, 2003,

1)� the record shows that the alleged Comment and Explanation has not yet been received by the Court;

2)� the subject Manifestation is dated December 1, 2004 or almost 7 months after his receipt of the show cause Resolution of April 14, 2004, and after almost a month from the issuance of the Resolution of November 8, 2004 imposing upon him a fine of P1,000.00 and requiring him to comply with the August 6, 2003 Resolution and yet Atty. Estrabillo did not mention in his Manifestation about the show cause Resolution and the imposition of a fine of P1,000.00;

3)� that per Certification dated February 8, 2005 of the Cashier of the Court, no payment was made by Atty. Estrabillo of the imposed court fine of P1,000.00.

ACCORDINGLY, Atty. Jaime F. Estrabillo's prayer to consider that he had already complied with the August 6, 2003 Resolution is DENIED. Atty. Estrabillo is DIRECTED to file the required Comment and Explanation and to PAY the fine of P1,000.00 to the Court as required in the Resolutions of August 6, 2003, April 14, 2004 and November 8, 2004, both within ten days from notice hereof, under pain of contempt of court.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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