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[ G.R. No. 130965. August 9, 1999]

PEOPLE OF THE PHILIPPINES vs. RESTITUTO CABACAN.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 9, 1999.

G.R. No. 130965 (People of the Philippines vs. Restituto Cabacan.)

Considering that copy of the resolution of 28 April 1999 addressed to Atty. David P. Briones, counsel for accused-appellant, at Room 2, 2nd Floor, Tiujanco Bldg., M. H. Del Pilar St., 2300 Tarlac, was returned to this Court unserved without specific reason, and it appearing that this case has remained pending due to the continued failure of Atty. Briones to file the appellant's brief, the Court RESOLVES to: (a) consider as SERVED on said counsel aforesaid resolution of 28 April 1999 by substituted service pursuant to Section 8, Rule 13 of the 1997 Rules of Civil Procedure, as amended; 9b) REFER the matter of the repeated failure of Atty. David P. Briones to file the appellant's brief to the Integrated Bar of the Philippines for evaluation, report and recommendation within ninety (90) days from notice hereof; (c) APPOINT the Public Attorney's Office, Department of Justice, DOJ Agencies Building, NIA Road corner East Avenue, Diliman, Quezon City, as counsel de oficio for accused-appellant; and, (d) require the Public Attorney's Office lawyer to whom this case will be assigned to file the APPELLANT'S BRIEF within thirty (30) days form notice.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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