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[G.R. No. 129058. April 4, 2000]

PEOPLE vs. SEVILLANO

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 4 2000.

G.R. No. 129058 (People vs. Paulino Sevillano y Villanueva alias "Tamayo").

By pleading guilty to the rape and killing of a nine (9)-year old girl the Regional Trial Court of San Carlos City, Negros Occidental, Br. 57, on 6 March 1997, rendered its Decision finding accused guilty of rape with homicide and sentenced him to death.

On 29 March 1999 the Court on automatic review of the death sentence ruled that the plea of guilt was void because the court a quo inadequately discharged its duty of conducting a searching inquiry.Consequently, it annulled the death sentence and remanded the case to the court of origin for proper arraignment and trial of the accused.On 29 April 1999 the Decision became final and executory and entry of judgment was made in due course.On 7 October 1999 the case records were remanded to the Clerk of Court, RTC-Br. 57, San Carlos City, Negros Occidental, for the rearraignment and trial of the accused.

On 29 November 1999, Atty. Annaliza Ty-Capacite, Chief Justice's Staff Head, in a First Indorsement, referred to this Court for appropriate action the letter of Paralegal Worker Dennis H. Edem, Jr., written in behalf of the accused, praying for (a) the immediate transfer of the accused to the court of origin for his arraignment and trial; (b) the formal entry of appearance of a counsel de oficio in lieu of accused's former counsel of record; and, (c) for security measures throughout the transfer of the accused.Acting thereon, the Court Resolves to order the immediate TRANSFER of the accused from the Maximum Security Compound, Bureau of Corrections, Muntinlupa City, to the RTC-Br. 57, San Carlos City, Negros Occidental, with adequate security considering the nature of the offense charged, for proper arraignment and trial until terminated.

Meanwhile, the trial court is directed to provide immediately a very competent and qualified counsel de oficio for the accused so that his trial will not be further delayed.

Very truly yours,

LUZVIMINDA D. PUNO

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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