[G.R. No. 161455.  February 17, 2004]

PACTOLIN vs. SANDIGANBAYAN

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 17 2004.

G.R. No. 161455 (Atty. Rodolfo D. Pactolin vs. Hon. Sandiganbayan, et al.)

The Court Resolved to

(a) NOTE the Ex Parte Second Motion Praying for Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction dated 8 February 2004 filed by the petitioner;

(b) ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining respondent Sandiganbayan from enforcing or effecting the bench warrant issued in Criminal Case No. 25665; and

(c) REQUIRE the petitioner to POST a BOND in the amount of Ten Thousand Pesos (P10,000.00) payable to this Court within five (5) days from notice hereof.  Failure to post the same within the aforesaid period will result in the automatic lifting of the temporary restraining order.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court

TEMPORARY RESTRAINING ORDER

ATTY. RODOLFO D. PACTOLIN, petitioner, vs. THE HONORABLE FOURTH DIVISION OF THE SANDIGANBAYAN, THE HON. SIMEON V. MARCELO, in his official capacity as the Ombudsman, and MARIO R. FERRAREN, respondents.

TO: The Sandiganbayan (x)

   Sandiganbayan Centennial Bldg.

   Quezon City

GREETINGS:

WHEREAS, the Supreme Court, on 17 February 2004, adopted a resolution in the above-entitled case, to wit:

"G.R. No. 161455 (Atty. Rodolfo D. Pactolin vs. Hon. Sandiganbayan, et al.).- The Court Resolved to

(a) NOTE the Ex Parte Second Motion Praying for Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction dated 8 February 2004 filed by the petitioner;

(b) ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, enjoining respondent Sandiganbayan from enforcing or effecting the bench warrant issued in Criminal Case No. 25665; and

(c) REQUIRE the petitioner to POST a BOND in the amount of Ten Thousand Pesos (P10,000.00) payable to this Court within five (5) days from notice hereof. Failure to post the same within the aforesaid period will result in the automatic lifting of the temporary restraining order."

NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, Public Respondent Sandiganbayan, your agents, representatives, or persons acting in your place or stead, are hereby ENJOINED from enforcing or effecting the bench warrant issued in Criminal Case No. 25665.

GIVEN by the Hon. HILARIO G. DAVIDE, JR., Chief Justice, Supreme Court of the Philippines, this 17th day of February 2004.

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court