ChanRobles Virtual law Library

[ G.R. No. 123666. September 8, 1999]

LEONILA G. ENRIQUEZ, et al. vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated SEPT 8 1999.

G.R. No. 123666 (Leonila G. Enriquez and Luis Enriquez vs. Court of Appeals and Elena C. Buenaventura.)

In the resolution of 8 May 1996 the Court required private respondent Elena C. Buenaventura to comment on the petition for review within ten (10) days from notice thereof. Thus, for her failure to file comment, her counsel, Atty. Antonio G. Bagtas, was required in the resolution of 2 September 1996 to show cause why he should be disciplinarily dealt with and to forthwith comply with the resolution of 8 May 1996.

After his persistent failure to comply with the various directives of this Court requiring comment and explanation despite receipt, Atty. Bagtas was imposed a fine of P500.00 or five (5) days imprisonment in case of nonpayment, which fine was later increased to P1,000.00 in the resolution of 3 March 1997. But it appearing that the resolution of 3 March 1997 was returned unserved on Atty. Bagtas, the Court, in its resolution of 30 April1997, require private respondent herself to comment on the petition, or in the alternative, to inform the Court of the name and address of her new counsel.

Private respondent proved to be just as recalcitrant as her counsel. For her continued noncompliance with our resolutions invariably directing her to comment and to submit an explanation, she was initially imposed a fine of P500.00 which was increased to P1,000.00 and then to P2,000.00 in the resolution of 3 February 1999 which required her to comply with the resolution of 26 November 1997 by submitting to this Court the required explanation and comment on the petition.

Acting on the Certification of Araceli C. Bayuga, Cashier V, Disbursement and Collection Division of this Court dated 12 May 1999 that private respondent has not paid the P2,000.00 fine imposed in the resolution of 3 February 1999, and considering that in the return of the personal service of the resolution private respondent's helper refused to sign and the Court process server just left a copy thereof at private respondent's address on record, the Court Resolves to CONSIDER AS SERVED on private respondent Elena C. Buenaventura the resolution of 3 February 1999, and to ORDER her immediate ARREST AND IMPRISONMENT for ten (10) days for unduly delaying the administration of justice.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE