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[G.R. Nos. 134163-64.December 7, 1999]

MUSLIMIN SEMA vs. MA�ARA, et al.

EN BANC

Gentlemen :

Quoted hereunder, for your information, is a resolution of this Court dated DEC 7, 1999 .

G.R. Nos. 134163-64(Muslimin Sema vs. Commission on Elections and Rodel Manara).

On August 17, 1999, this Court directed respondent Commission on Elections (COMELEC) to resolve SPC Nos. 98-240 and 98-262 within thirty (30) days from receipt of the resolution and to make a report of the same to the Court within five (5) days from its promulgation. ¹ Rollo , p. 425.

On September 17, 1999, respondent COMELEC filed a Manifestation and Motion for Extension of Time to Resolve SPC Nos. 98-240 and 98-262 stating that the Commissioner to whom the cases were raffled to and assigned for writing of the Commission's opinion was out of the country and would be back on October 8, 1999. Consequently, respondent asked for a period of thirty (30) days from October 8, 1999 or until November 7, 1999 to resolve the said cases. ² Id ., at 429-430.

On October 19, 1999 the Court noted the Manifestation and granted the Motion for Extension of Time to Resolve the said cases. ³ Id ., at 432.

On October 27, 1999, respondent COMELEC submitted its compliance to the Court's Resolution of August 17, 1999 and attached therewith a Resolution of the First Division of the COMELEC dated October 18, 1999. ⁴ Id ., at 438-471.

On November 5, 1999, private respondent Rodel Ma�ara filed his Comment to respondent COMELEC's Compliance stating, among other things, that the same is premature since it is only a resolution of the First Division of the COMELEC and not a final resolution of the Commission en banc. ⁵ Id ., at 472-477.

We agree with private respondent.

When the Court issued its Resolution dated August 17, 1999 directing respondent COMELEC to resolve SPC Nos. 98-240 and 98-262, what it meant was for the COMELEC en banc to resolve the pending cases with finality.Consequently, the Resolution dated October 18, 1999 from the respondent's First Division is not deemed sufficient compliance of the Court resolution.

ACCORDINGLY, respondent Commission on Elections en banc is hereby DIRECTED to resolve SPC Nos. 98-240 and 98-262 with finality within a non-extendible period of thirty (30) days from receipt of this resolution and to forthwith make a report thereon to this Court within five (5) days from its promulgation of the resolution.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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