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[G.R. No. 135028.November 29, 1999]

PEOPLE vs. RENATO BRACIA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 29, 1999.

G.R. No. 135028(People vs. Renato Bracia.)

On 14 June 1999 we required the Presiding Judge of the Regional Trial Court of Tabaco, Albay, Br. 18, to order the commitment of accused-appellant Renato Bracia to the New Bilibid Prison (NBP) and for the Director of the Bureau of Corrections to confirm such commitment.

In compliance therewith, we received through the Assistant Division Clerk of Court, Second Division, this Court, a letter dated 6 August 1999 from Mr. Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, certifying that no person by the name of Renato Bracia was ever received for confinement at the NBP. Consequently, in our Resolution of 20 September 1999 we required the Presiding Judge of the RTC-Br. 18, Tabaco, Albay to comment on this certification.

In his letter of 13 October 1999 Judge Mamerto M. Buban, Jr., assured the Court that per certification of the same Fortunato D. Ursudan dated 10 August 1999 accused-appellant Renato Bracia was received at the NBP on 24 June 1997 and presently confined at its Maximum Security Compound. A photocopy of the certification was attached to the letter as its Annex "A."

ACCORDINGLY, the letter dated 13 October 1999 of Judge Mamerto M. Buban, Jr., Presiding Judge, Regional Trial Court of Tabaco, Albay, Br. 18, is NOTED. The Director of the Bureau of Corrections is ordered to CONFIRM once and for all within three (3) days from notice hereof whether accused-appellant Renato Bracia is indeed presently confined at the New Bilibid Prison (NBP), Muntinlupa City, and if in the affirmative, the date accused-appellant was received thereat for confinement.

Moreover, Mr. Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, is ordered to EXPLAIN, likewise within three (3) days from notice hereof, the obvious conflict between his letter of 6 August 1999 addressed to the Assistant Division Clerk of Court, Second Division, this Court, certifying that no person by the name of Renato Bracia was ever received for confinement at the New Bilibid Prison, and his letter of 10 August 1999, or four (4) days afterwards, addressed to the Clerk of Court, RTC-Br. 18, Tabaco, Albay (who requested confirmation on the confinement of accused-appellant Renato Bracia at the NBP), certifying that the latter was received for confinement at the NBP on 24 June 1997 and is presently confined at its Maximum Security Compound.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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