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[G.R. Nos. 149513-14.November 13, 2001]

JOSEPH EJERCITO ESTRADA vs. HON. JUSTICE BADOY

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 13 2001.

G.R. Nos. 149513-14 (Joseph Ejercito Estrada and Jose "Jinggoy" Estrada, vs. Hon. Justice Anacleto Badoy, Jr., et al.)

For resolution is the "Motion for Clarification and for Extension of Time to File Comment" filed by Justice Anacleto D. Badoy, Jr., Chairman, Third Division, Sandiganbayan, inquiring whether or not he has to file a comment on the instant petition for prohibition.

Under Section 5 (par. 2), Rule 65 of the 1997 Rules of Civil Procedure, as amended, in a petition for prohibition, the public respondent may be specifically directed by the Court where the petition is pending to file comment.Thus, in our Resolution of September 25, 2001, we required respondents, including movant herein, to file the required comment.

WHEREFORE, the motion is hereby GRANTED.Movant is directed to file his comment on the petition within an inextendible period of ten (10) days from notice.

The Court further Resolved to (a) NOTE and GRANT the Manifestation and Motion dated 10 October 2001 filed by the Office of the Solicitor General, praying that it be excused from filing a separate and independent comment on the petition and (b) NOTE the (b-1) Comment dated 12 October 2001 filed by the Office of the Ombudsman/Office of the Special Prosecutor in compliance with the resolution of 25 September 2001 and (b-2) Reply to Respondent People's Comment dated 3 November 2001 filed by counsel for petitioners.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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