[ G.R. No. 138610. August 28, 2000]

PEOPLE vs. FELIMON NACA

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 28 2000.

G.R. No. 138610 (People of the Philippines vs. Felimon Naca.)

In the letter dated December 22, 1999, Precilla Olympia P. Eslao, OIC, Regional Trial Court, Agoo, La Union, Branch 31 informed this Court that stenographer Clara Baleras could not submit the transcripts of stenographic notes taken during the hearing on July 13, 1993 1 Not July 13, 1999 as erroneously stated in the Resolution of April 5, 2000. because she is very ill and that the said TSN could not be found in their records. This Court, in the Resolution dated April 5, 2000, required counsel for accused-appellant to manifest whether the said TSN may be dispensed with or whether he wishes that the testimony of the witnesses who testified during the hearing on said date be retaken. We likewise directed the Solicitor General to comment thereon.

In the meantime, a Manifestation dated May 18, 2000 was filed, with the conformity of accused-appellant's mother, stating that accused-appellant has engaged the services of new counsel de parte, Atty. Emilio Mamaril, in lieu of former counsel Atty. Abelardo Dumaguing.

Meanwhile, Atty. Dumaguing, accused-appellant's former counsel, filed a Manifestation dated May 28, 2000 stating that the aforementioned TSN may be dispensed with.

The Solicitor General, however, filed Comment/Manifestation dated June 9, 2000 suggesting that the testimony of the witnesses be retaken by the court a quo.

In the Manifestation dated June 28, 2000, accused-appellant, thru new counsel Atty. Mamaril, opted to have the testimony of the witnesses retaken in the interest of justice.

WHEREFORE, premises considered, the Court RESOLVES to order the retaking of the testimony of witness/es during the hearing on July 13, 1993. The Regional Trial Court of Agoo, La Union, Branch 31 is hereby directed to conduct the retaking of the testimony within thirty (30) days from receipt hereof and to submit a report thereon immediately thereafter.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court


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