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EN BANC

Gentleman:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated JAN 21 2003 .

G.R. Nos. 147062-64 ( Republic of the Philippines vs. Cocofed, et, al. and Ballares, et al.)

Acting on the letter dated 19 November 2002 of Atty. Estelito P. Mendoza; the Court RESOLVED:

1. To AFFIRM the certification signed by the Chief Justice that "Justice Buena voted with the majority in granting the petition." This certification was based on a sealed letter which was addressed and delivered to the Chief Justice and opened only when the actual votes on this case were counted. Prior to the opening of this-letter-vote, it was agreed by all the Justices present that Justice Buena's vote - whether for the granting or denial of the petition - should be counted because he personally and actually participated in the deliberations in these cases which took place on many settings prior the, actual casting of votes.

2, To STRESS that Justice Buena indeed personally and actually., participated in the deliberations and left his sealed vote to be cast and opened on the day set for the voting. -This practice has been followed in all other similarly-situated cases where a member who actually participated in the deliberations is allowed to cast his or her vote in writing on the date set therefor, even if he .or she may be physically absent from the place of voting.

3. To ADD, that, in any event, Justice Buena personally REITERATED his vote during the deliberations on 26 February 2002 when the Court DENIED with finality the Motions for Reconsideration in these cases. Any question therefore on the validity of his original vote was rendered moot by this action.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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