Republic of the Philippines

Supreme Court

Manila

 

 

FIRST DIVISION

 

ROMULO A. DELES, G.R. NO. 163986

Petitioner,

Present:

 

PANGANIBAN, C.J.

(Chairperson)

- versus - YNARES-SANTIAGO,

AUSTRIA-MARTINEZ,

CALLEJO, SR., and

CHICO-NAZARIO, JJ.

 

HON. PEPITO GELLADA and

HON. MA. LORNA P. DEMON-

TEVERDE, in their Official Capacities

as Acting Presiding Judges of Regional

Trial Court, Branch 53, Negros

Occidental and Municipal Trial Court

in Cities, Branch 2, Bacolod City,

respectively, Promulgated:

Respondents. March 23, 2006

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

 

R E S O L U T I O N

 

AUSTRIA-MARTINEZ, J.:

 

 

Before the Court is a Motion for Clemency Ad Cautelam filed by petitioner Atty. Romulo A. Deles praying that the Court, acting as a Court of Equity, set aside the sentence of Imprisonment for Indirect Contempt of Court for joining rallies and demonstrations within the immediate vicinity of the Supreme Court or the Halls of Justice carrying placards, posters and streamers announcing, among other things:

Judge Labayen Judge Diamante

Judge Hilario Judge Rojo

Judge Demonteverde Hoodlums in Robes

STOP Demolition of Farmers (sic) Beneficiaries Houses

Pls. Do not usurp the powers of DAR, PARAD & DARAB, other RESIGN.

 

 

and, in its place, to impose against petitioner the penalty of Suspension for Sixty (60) days from the practice of law, and in addition thereto, to impose on him a fine of P4,000.00 as originally meted out by MTCC Judge Lorna P. Demonteverde.

 

 

In his Comment, Judge Pepito Gellada, Presiding Judge of the Regional Trial Court, Branch 53, Negros Occidental interposes no objection for the lower courts judges have been vindicated, and justice has been served with the affirmation of the Court of the indirect contempt committed by petitioner and the corresponding penalty of 20 days imprisonment and fine of P4,000.00. Moreover, petitioner Atty. Romulo A. Deles appears to be contrite and sincere in his plea for clemency.

 

ACCORDINGLY, the Motion for Clemency Ad Cautelam is GRANTED. The penalty of imprisonment of 20 days is SET ASIDE. In its stead Atty. Romulo A. Deles is SUSPENDED from the practice of law for a period of 60 days which is immediately executory from receipt of this Resolution. The fine of P4,000.00 originally imposed stands.

 

 

SO ORDERED.

 

 

 

MA. ALICIA AUSTRIA-MARTINEZ

Associate Justice

 

 

 

WE CONCUR:

 

 

 

ARTEMIO V. PANGANIBAN

Chief Justice

Chairperson

 

 

 

 

CONSUELO YNARES-SANTIAGO ROMEO J. CALLEJO, SR.

Associate Justice Associate Justice

 

 

 

MINITA V. CHICO-NAZARIO

Associate Justice

 

 

 

 

CERTIFICATION

 

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Resolution were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

 

 

ARTEMIO V. PANGANIBAN

Chief Justice