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[G.R. No. 153034.� March 30, 2005]
DBP vs. CA
FIRST DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 30 2005 .
G.R. No. 153034 (Development Bank of the Philippines vs. Court of Appeals, et al.)
The record discloses that in his Manifestation with Motion dated 27 November 2004, which the Court noted in its Resolution of 07 February 2005, Atty. Faustino Tugade, Jr., counsel for the private respondent, asked for another extension of five (5) days or until 2 December 2004 within which to file a Comment on the petition because of his "heavy pressure of work consisting of preparation of pleadings in equally important cases."
In the Resolution of 2 December 2002, Atty. Tugade was required to show cause why he should not be disciplinarily dealt with or held in contempt of court for failure to file the Comment required in the Resolution of 17 July 2002. He was also directed to comply with the said 17 July 2002 Resolution.
For his failure to comply with the Resolution of 2 December 2002, Atty. Tugade was fined in the amount of P2,000 and directed to
comply with the said Resolution within a period of ten (10) days.
In his Manifestation and Compliance dated 29 April 2003, Atty. Tugade attached a postal money order in the amount of P2,000 as payment
for the fine and undertook to file a Comment. Instead of filing a Comment as
promised by him, Atty. Tugade filed by mail on 5 May 2003 a motion praying that he be given an extension of three (3) days or until 8 May 2003 within which to file a Comment. This motion was granted in the Resolution of 23 June 2003.
Still Atty. Tugade did not file the Comment. Hence, in its
Resolution of 19 May 2004, the Court again required Atty. Tugade to show cause
why he should not be disciplinarily dealt with or held in contempt of court and
directed him anew to file a Comment within ten (10) days from notice. Again,
for his failure to comply, the Court, in its Resolution of 11 October 2004,
imposed on Atty. Tugade a fine of P1,000 and required him to file a
Comment with a warning that should he still fail to do so and to pay the fine
he would be ordered arrested and detained at the National Bureau of
Investigation (NBI) until he shall have complied or until such time as the
Court may order.
Although he paid on 30 November 2004 the fine of P1,000,
Atty. Tugade has not filed the required Comment on the petition.
WHEREFORE, the Court hereby RESOLVES to order the arrest of Atty. Faustino Tugade, Jr., and his detention for five (5) days at the cell of the NBI at its main office at Taft Avenue, Manila. The NBI is directed to implement this order of arrest and detention.
The Court further RESOLVES to declare the private respondent as having waived the filing of a COMMENT, and CONSIDER this case submitted for decision without such COMMENT.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
WARRANT OF ARREST AND ORDER OF COMMITMENT
TO: The Director (x)
National Bureau of Investigation
Taft Avenue, Manila
GREETINGS:
WHEREAS, the Supreme Court, on March 30, 2005, adopted a resolution in the above-entitled case, to wit:
"G.R. No. 153034 (Development Bank of the Philippines vs. Court of Appeals, et al.). - The record discloses that in his Manifestation with Motion dated 27 November 2004, which the Court noted in its Resolution of 7 February 2005. Atty. Faustino Tugade, Jr., counsel for the private respondent, asked for another extension of five (5) days or until 2 December 2004 within which to file a Comment on the petition because of his heavy pressure of work consisting of preparation of pleadings in equally important cases"
In the Resolution of 2 December 2002, Atty. Tugade was required to show cause why he should not be disciplinarily dealt with or held in contempt of court for failure to file the Comment required in the Resolution of 17 July 2002.� He was also directed to comply with the said 17 July 2002 Resolution.
For his failure to comply with the Resolution of 2 December 2002, Atty. Tugade was fined in the amount of P2,000.00 and directed to comply with the said Resolution within a period of ten (10) days.
In his Manifestation and Compliance dated 29 April 2003, Atty. Tugade attached a postal money order in the amount of P2,000.00 as payment for the fine and undertook to file a Comment. Instead of filing a Comment as promised by him, Atty. Tugade filed by mail on 5 May 2003 a motion praying that he be given an extension of three (3) days or until 8 May 2003 within which to file a Comment. This motion was granted in the Resolution of 23 June 2003.
Still Atty. Tugade did not file the Comment. Hence, in its Resolution of 19 May 2004, the Court again required Atty. Tugade to show cause why he should not be disciplinarily dealt with or held in contempt of court and directed him anew to file a Comment within ten (10) days from notice. Again, for his failure to comply, the Court, in its Resolution of 11 October 2004, imposed on Atty. Tugade a fine of P1,000.00 and required him to file a Comment with a warning that should he still fail to do so and to pay the fine he would be ordered arrested and detained at the National Bureau of Investigation (NBI) until he shall have complied or until such time as the Court may order.
Although he paid on 30 November 2004 the fine of P1,000.00, Atty. Tugade has not filed the required Comment on the petition.
WHEREFORE, the Court hereby RESOLVES to order the arrest of Atty. Faustino Tugade, Jr., and his detention for five (5) days at the cell of the NBI at its main office at Taft Avenue, Manila. The NBI is directed to implement this order of arrest and detention.
The Court further RESOLVES to declare the private respondent as having waived the filing of a Comment, and CONSIDER this case submitted for decision without such Comment."
NOW, THEREFORE, You are hereby COMMANDED to ARREST Atty. Faustino Tugade, Jr. whose last known address is at No. 1088 Dona Andrea Village I, Bernal St., Rosario, Pasig City; to COMMIT Atty. Tugade at the detention cell of the National Bureau of Investigation at its main office at Taft Avenue, Manila for five (5) days and SUBMIT a report of compliance with this resolution within ten (10) days from noticed hereof.
GIVEN by the HON. HILARIO G. DAVIDE, JR., Chief Justice and Chairman, First Division of the Supreme Court of the Philippines, this 8th day of April, year two thousand and five.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
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