[ G.R. No. 137563. October 11, 2000]

CIPRIANO S. ALBANO vs. HON. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 11 2000.

G.R. No. 137563 (Cipriano S. Albano vs. Hon Court of Appeals, Elizabeth S. Albano, a minor represented/assisted by her guardian Catalina Deuz, and Hon. Felipe G. Pacquing, former Pres. Judge, RTC Br. II, Ilocos Norte.)

On September 20, 2000, Atty. Rogelio Montero, counsel for private respondents, filed a Compliance with Motion for Reconsideration stating therein the reasons why he failed to file a comment on the instant petition within the period given which expired on March 25, 2000; and, praying that this Court's Resolution, dated June 26, 2000, imposing upon him a fine of Three Thousand Pesos (P3,000.00) for failure to show cause and to file a comment, be reconsidered. He, likewise, filed Private Respondents' Comment to the instant petition.

A perusal of the above Compliance with Motion for Reconsideration, however, will show that it fails to set forth any justifiable reason to warrant reconsideration of the Court's resolution of June 26, 2000. Moreover, it appears from the records that the legal services of said counsel had been terminated by reason of his unjustified failure to file a comment to the prejudice of private respondents. Hence, the said resolution, imposing upon Atty. Montero a fine of P3,000.00 for failure to show cause why he should not be disciplinary dealt with or held in contempt for failure to file comment within the period given which expired on March 25, 2000, is hereby REITERATED.

The comment filed by Atty. Montero in behalf of private respondents, is hereby NOTED WITHOUT ACTION, considering that a comment had already been filed earlier in behalf of private respondents by their new counsel; and, that thereafter, the instant petition for review had been denied in this Court's Resolution dated July 24, 2000, for failure of petitioner to show that the Court of Appeals committed any reversible error in the challenged decision and resolution.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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