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[G.R. No. 136298.October 11, 1999]

PEOPLE vs. ROMULO MABAO

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 11 1999 .

G.R. No. 136298(People of the Philippines vs. Romulo Mabao y Calzado.)

On October 21, 1998, the Regional Trial Court, Branch 75, Olongapo City convicted accused-appellant Romulo Mabao y Calzado of murder committed against Amelia Capistrano y Carbonilla, and sentenced him to suffer the penalty of reclusion perpetua with all accessory penalties attached thereto and to indemnify the heirs of the victim the amount of P50,000.00.

On October 22, 1998, accused, through counsel, filed a notice of appeal with the trial court.

On February 20, 1999, accused was transferred to the custody of the Bureau of Corrections for commitment.

On July 13, 1999, we required the accused-appellant to file appellant's brief within thirty (30) days from receipt.

On August 20, 1999, accused-appellant filed an urgent motion to withdraw appeal.On August 30, 1999, we required the Director, Bureau of Corrections to ascertain the voluntariness of accused-appellant's motion to withdraw appeal and submit a report thereon within ten (10) days from notice.

On September 17, 1999, the Director, Bureau of Corrections issued a certification to the effect that the motion to withdraw appeal was voluntarily executed by accused-appellant Romulo Mabao and that he fully understood the same.

WHEREFORE, the Court GRANTS motion to withdraw appeal filed by accused-appellant Romulo Mabao.

Let mittimus issue.DAVIDE, JR., C.J. and KAPUNAN, J., are on official leave.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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