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[ G.R. No. 129774. April 14 1999]

NARCISO TADEO vs. PEOPLE OF THE PHIL., et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 14 1999.

G.R. No. 129774 (Narcisio Tadeo vs. People of the Philippines, et al.)

The Court Resolves to deny with finality respondent's motion for reconsideration dated February 1, 1999 for lack of merit. No substantial argument has been adduced to warrant reconsideration or modification of the decision.

However, on sufficient showing that on oral motion of the accused, the lower court gave him leave to file a demurrer to evidence, he, may adduce evidence in his behalf in case of its denial. We regret that petitioner did not state in his narration of facts in the petition that the lower court had granted him leave to file a demurer to evidence (See par. 3, 2, 1, Petition, Rollo, p. 13) which misled the Court into finding that he did not obtain such leave of court. To that extent, we modify the decision promulgated on December 29, 1988, and direct the lower court to allow the accused to submit evidence in his behalf, subject to the right of the prosecution to present rebuttal evidence.

Very truly yours,

VIRGINIA ANCHETA-SORIANO
Clerk of Court

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