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[.� September 12, 2005]

PEOPLE vs. LEWICKI

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 12 2005.

G.R. No. 145937 (People of the Philippines vs. Andreas Erast Friedrick Lewicki.)

In the Resolution of July 6, 2005, Atty. Evangeline Malabanan was held guilty of contempt of Court under Section 3 (b), Rule 71 of the 1997 Rules of Civil Procedure, as amended for her continued failure to comply with the Court's repeated directives requiring her to explain and show cause why the appeal should not be dismissed based on the appellant's failure to file brief, and the fact that per record appellant was able to leave the Philippines not through regular exit points and is now detained at the Czech Republic beyond the territorial jurisdiction of Philippine Courts. Her detention was likewise ordered until compliance with the directive of submitting the required explanation and payment of the P4,000.00 fine. In the same Resolution, the Division Clerk of Court was directed to issue the Order of Arrest and Commitment for immediate service by the National Bureau of Investigation.

On July 22, 2005, Atty. Vener C. Malabanan III, Atty. Evangeline Malabanan's son, filed a "Motion for Reconsideration with Urgent Prayer to Lift Order of Arrest dated July 6, 2005." He explained that his mother could no longer prepare the explanation as she was suffering from visual difficulties and also had an aneurism. He prayed that the Order of Arrest and Commitment be lifted, and the payment of the fine be reduced.

The Court NOTES the Motion for Reconsideration with Urgent Prayer to Lift Order of Arrest filed on July 22, 2005. Atty. Evangeline Malabanan is ORDERED to submit a medical certificate to substantiate her claim of illness within five (5) days from receipt hereof. In the meantime, the Resolution dated July 6, 2005, directing the issuance of the Order of Arrest and Commitment, is hereby HELD IN ABEYANCE. She is STERNLY WARNED that if she still fails to comply with the Court's directive, her immediate arrest will be ordered.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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