EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 23 2002.

G.R. No. 154098 (Jose C. Miranda vs. The Hon. Sandiganbayan, Office of the Ombudsman, Secretary Jose D. Lina, Jr., in his capacity as Secretary of the Department of Interior and Local Government [DILG], and Faustino, Dy, Jr., in his capacity as Governor of the Province of Isabela.)

Respondent DILG Secretary Jose D. Lina, Jr. filed a Very Urgent Motion for Clarification dated 22 July 2002 seeking clarification as to whether the Temporary Restraining Order issued on 19 July 2002 “covers the instant case wherein the implementation of Petitioner’s suspension pendente lite has already been consummated.”

Counsel for petitioner filed an Urgent Manifestation dated 23 July 2002 alleging that respondents are still committing the act being restrained of and are continuing the implementation of the suspension of petitioner to last up to 90 days.

Under Rule 58, a preliminary injunction and/or temporary restraining order is issued to restrain the commission or continuance of the act or acts complained of. Since respondents have implemented the suspension of petitioner and such suspension is still in force, the act complained of is continuing and hence, the temporary restraining order applies to preserve the status quo ante.

The Court hereby RESOLVES to CONFIRM nunc pro tunc the temporary restraining order issued by Hon. Josue N. Bellosillo, Acting Chief Justice, on 19 July 2002. Accordingly, respondents are enjoined to comply thereto, under pain of contempt. (Davide, Jr. C.J., is on leave.)

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court