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EN BANC

TO:����� Hon. Filemon Montenegro (x)

Presiding Judge

Regional Trial Court Branch 26

Naga City

The Jail Warden

City Jail of Naga City

Naga City

GREETINGS:

WHEREAS, the Supreme Court, on 2 August 2005, adopted a resolution in the above-entitled case, to wit:

A.M. OCA IPI No. 05-2313-RTJ (Jose B. Perez vs. Judge Filemon Montenegro, Presiding Judge of RTC, Branch 26, Naga City.)

Acting on the Letter dated 25 July 2005 of Mr. Jose B. Perez, Editor-in-Chief of The Bicol Mail, stating, among other things, that he is now in prison after being convicted of indirect contempt and penalized for ninety (90) days imprisonment with a fine of P30,000.00; that he filed a Very Urgent Motion to Fix Bail and Omnibus Motion; that this Omnibus Motion has not yet been acted upon; and that respondent Judge is allegedly on leave, and praying that an investigation be conducted on this matter, the Court Resolved to

(a) TREAT the aforesaid letter as a PETITION FOR HABEAS CORPUS and as an ADMINISTRATIVE COMPLAINT;

(b) ISSUE a WRIT OF HABEAS CORPUS against respondent Judge Filemon Montenegro and the Jail Warden of the City Jail of Naga City, who shall both make a return of the writ on Monday, 8 August 2005, at 10:00 a.m., to Hon. Presiding Justice Romeo A. Brawner of the Court of Appeals;

(c) DIRECT Presiding Justice Brawner to immediately decide on the matter and make a report thereon to this Court; and

(d) REQUIRE respondent Judge Montenegro to COMMENT on the administrative complaint within a NON-EXTENDIBLE period of five (5) days from notice hereof."

NOW, THEREFORE, pursuant to Section 6, Rule 102 of the Rules of Court, You, respondent Judge Filemon Montenegro and Jail Warden of the City Jail of Naga City, are hereby required to (a) make a RETURN of the writ on Monday, 8 August 2005, at 10:00 a.m.; and (b) APPEAR and PRODUCE the person of Mr. Jose B. Perez before Honorable Presiding Justice Romeo A. Brawner of the Court of Appeals, to whom the matter of the writ is referred for decision. Presiding Justice Brawner is further directed to immediately FURNISH this Court with a copy of his decision immediately after its promulgation.

GIVEN by the Hon. HILARIO G. DAVIDE, JR., Chief Justice, Supreme Court of the Philippines, this 2^nd day of August 2005.

(Sgd.) MA. LUISA D. VILLARAMA

Acting Clerk of Court

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