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[G.R. No. 145932. March 7, 2006]

PEOPLE OF THE PHILIPPINES vs. DANNY MORTEJO

En Banc

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court dated MAR. 7, 2006

"G.R. No. 145932 (People of the Philippines vs. Danny Mortejo )

It appearing from the records that Atty. Arlene G. Pilapil, counsel for appellant, failed to pay the fine of One Thousand Pesos (P1,000.00) imposed upon her in the resolution of October 4, 2005 for her failure to file an explanation and the required reply brief within the period which expired on November 26, 2005, the Court Resolved to

(a) ORDER the arrest of Atty. Arlene G. Pilapil;

(b) DIRECT the Director of the National Bureau of Investigation to (i) ARREST and DETAIN Atty. Arlene G. Pilapil until the latter has filed the required reply brief; and (ii) SUBMIT a report of its compliance with this resolution within ten (10) days from notice hereof.

Conformably with the decision promulgated on July 7, 2004 in G.R. Nos. 147678-87, entitled The People of the Philippines vs. Efren Mateo y Garcia, modifying the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 and any other rule insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment, as well as the resolution of the Supreme Court en banc, dated September 19, 1995, in "Internal Rules of the Supreme Court" in cases similarly involving the death penalty, pursuant to the Court's power to promulgate rules of procedure in all courts under Article VIII, Section 5 of the Constitution, and allowing an intermediate review by the Court of Appeals before such cases are elevated to this Court, the Court further Resolved to TRANSFER this case to the Court of Appeals, for appropriate action and disposition.

LET all the pertinent records of this case be TRANSFERRED to the Court of Appeals.

LET also a copy of this resolution be ATTACHED to the records of Atty. Arlene G. Pilapil in the Office of the Bar Confidant." Corona, J., on sick leave. (adv6)

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court

Attachment:

PEOPLE OF THE PHILIPPINES Plaintiff-Appellee, vs. DANNY MORTEJO Accused-Appellant

[G.R. No. 145932

ORDER OF ARREST

EN BANC

TO:����� The Director (x)

����������� National Bureau of Investigation

����������� Taft Avenue, Manila

GREETINGS:

WHEREAS, the Supreme Court, on March 7, 2006, adopted a resolution in the above-entitled case, to wit.

G.R. No. 145932 (People of the Philippines vs. Danny Mortejo). - It appearing from the records that Atty. Arlene G. Pilapil, counsel for appellant, failed to pay the fine of One Thousand Pesos (P1,000.00) imposed upon her in the resolution of October 4, 2005 for her failure to file an explanation and the required reply brief within the period which expired on November 26, 2005, the Court Resolved to

(a) ORDER the arrest of Atty. Arlene G. Pilapil;

(b) DIRECT the Director of the National Bureau of investigation to (i) ARREST and DETAIN Atty. Arlene G. Pilapil until the latter has filed the required reply brief; and (ii) SUBMIT a report of its compliance with this resolution within ten (10) days from notice hereof.

Conformably with the decision promulgated on July 7, 2004 in G.R. Nos. 147678-87, entitled The People of the Philippines vs. Efren Mateo y Garcia, modifying the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 and any other rule insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment, as well as the resolution of the Supreme Court en banc, dated September 19, 1995, in "Internal Rules of the Supreme Court" in cases similarly involving the death penalty, pursuant to the Court's power to promulgate rules of procedure in all courts under Article Vlll, Section 5 of the Constitution, and allowing an intermediate review by the Court of Appeals before such cases are elevated to this Court, the Court further Resolved to TRANSFER this case to the Court of Appeals, for appropriate action and disposition.

LET all the pertinent records of this case be TRANSFERRED to the Court of Appeals.

LET also a copy of this resolution be ATTACHED to the records of Atty. Arlene G. Pilapil in the Office of the Bar Confidant." Corona, J., on sick leave.

NOW, THEREFORE, You, Director of the National Bureau of Investigation, are hereby commanded to (a) ARREST Atty. Arlene G. Pilapil of Canete Law Office, Liloan, Cebu; (b) DETAIN her until she files with this Court the required reply brief; and (c) make a report of compliance herewith, within ten (10) days from notice hereof.

GIVEN by the Hon. ARTEMIO V. PANGANIBAN, Chief Justice, Supreme Court of the Philippines, this 7th day of March 2006.

(Sgd.) MA. LUISA D.VILLARAMA
Clerk of Court


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