---

FIRST DIVISION

G.R. NO. 163986             March 23, 2006

ROMULO A. DELES, Petitioner,
vs.
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, Respondents.

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 court’s 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 Associate Justice

ROMEO J. CALLEJO, SR. Asscociate Justice

MINITA V. CHICO-NAZARIO
Associate Justice

C E R T I F I C A T I O N

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 Court’s Division.

ARTEMIO V. PANGANIBAN
Chief Justice

The Lawphil Project - Arellano Law Foundation

---