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[ G.R. No. 136045. January 25, 1999]

PEOPLE OF THE PHILS. vs. ARMANDO ROYALES

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 25, 1999.

G.R. No. 136045 (People of the Philippines vs. Armando Royales.)

Petitioner assails the decision of the Court of Appeals affirming the decision of the regional trial court finding him guilty of the crime of qualified theft.

Petitioner questions the veracity of the testimony of prosecution witnesses Shirley Palo whom he have an axe to grind against him, and Vicente Juvenir whom he claims to have been coerced with the threat of losing his job.

Initially the Court notes that the instant petition was filed late on October 20, 1998 due date being October 12, 1998 in view of the denial of petitioner's motion for second extension of ten (10) days within which to file the petition in the resolution of November 9, 1998. Then too, no service of the copy of the petition has been effected on the Court of Appeals.

Over and above these lapses is the fact that the court finds nothing erroneous in the findings of the two lower courts. Petitioner would want the Court to believe that he is raising a question of law for review, when upon perusal of his petition it is clear that he does not only seek the reconsideration of the factual findings of the trial court which were affirmed by the Court of Appeals, he went as far as to request this Court to summon other witnesses which we are not inclined to do.

WHEREFORE, the petition is hereby denied."

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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