THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. FRANCISCO AGUILAR, ET AL., DEFENDANTS, JOSE RAMIREZ, DEFENDANT AND APPELLANT.

Pursuant to our resolution of January 8, 1963 requiring Atty. Nicolas A.
Superable to explain, within ten (10) days from notice why disciplinary action
should not be taken against him for his failure to file the brief for appellant
Jose Ramirez inspite of the fact that the period for the purpose had expired on
November 28, 1962, said attorney filed under date of January 28, 1963, his
unverified explanation claiming (1) that he has not received any notice
requiring him to file the brief; (2) that although he appeared in the Court of
First Instance of Leyte, together with Atty. Felisberto Avestruz, for the
defendant Jose Ramirez, it was only for the fixing of the bail bond pending
appeal; and (3) that because he was later informed by a brother of said
defendant that the latter will discontinue the appeal, he thought that there was
no need to file any brief.

It appears, however, that on October 29, 1962, the corresponding notice for
the filing of the brief sent to Attys. Avestruz and Superable at Tacloban City,
Leyte, was received on their behalf by someone whose signature on the back of
the registry return card appears to be illegible. For this reason, and because
the facts stated in the explanation referred to above are not supported by oath,
it is hereby ordered that Atty. Nicolas A. Superable be required to file within
ten (10) days from notice hereof, another verified explanation. Upon receipt
thereof, let the matter be submitted again to this court.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes,
J.B.L., Barrera, Paredes, Regala and Makalintal, JJ., concur.