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[ G.R. No. 129894. February 2, 2000]

PEOPLE vs. SEVERINO GONZALES y DE VERA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 2 2000.

G.R. No. 129894 (People of the Philippines vs. Severino Gonzales y De Vera.)

Accused-appellant Severino Gonzales was found guilty of Serious Illegal Detention and Attempted Rape by the Regional Trial Court, Branch 24, Bi�an, Laguna in its decision, dated November 5, 1991. He was sentenced to suffer a prison term of 14 years, 8 months, and 1 day of reclusion temporal, as minimum, to reclusion perpetua, as maximum, for Serious Illegal Detention, and a prison term of 2 years, 4 months, and 1 day of prision correcional, as minimum, to 8 years and 1 day of prision mayor, as maximum, for Attempted Rape.

In view of the conviction of accused-appellant, the trial court, in an order, dated January 8, 1992, increased the bail bond for his provisional release pending appeal from P50,000.00 to P70,000.00. however, accused-appellant failed to post a new bail bond, for which reason the trial court ordered his arrest on October 21, 1992.

Meanwhile, the Court of Appeals, to which the case was appealed, affirmed the decision of the trial court, but certified the case to this Court, pursuant to Rule 124, �13 of the Rules of Court, on the ground that accused-appellant should have been sentenced to reclusion perpetua for the crime of Serious Illegal Detention. In the resolution, dated September 10, 1997, the Court required the trial court to order the commitment of accused-appellant to the New Bilibid Prison (NBP) and the Director of the Bureau of Corrections to confirm his confinement therein.

In a letter, dated October 24, 1997, the Bureau of Corrections informed the Court that it has no record of confinement of accused-appellant. On the other hand, the trial court failed to comply with the resolution, dated September 10, 1997, and, thus, the Court, in the resolution, dated March 25, 1998, required the Presiding Judge of the trial court to show cause why he should not be disciplinary dealt with.

It appears that accused-appellant was not arrested while his appeal was pending. In a manifestation, dated July 15, 1998, Acting Presiding Judge Pablo B. Francisco of the trial court stated that Associate Justice Rodrigo V. Cosico of the Court of Appeals was Presiding Judge of the trial court when the decision in the case was rendered and was still the incumbent when the resolution, dated September 10, 1997, was issued. Judge Francisco stated that he was " in a quandary on how to comply with the resolution of September 10, 1997 since the records of the case are not available and, upon inquiry with the Provincial Jail Warden, he was informed that there is no detention prisoner therein by the name of Severino Gonzales y De Vera."

Accordingly, in the resolution, dated August 5, 1998, the Court ordered Plaridel Surety and Insurance Co., Inc. (PSICI), as the bondsman, to surrender accused-appellant to the Clerk of Court of the Second Division of this Court. A copy of said resolution was served on the surety company through Atty. Teresita de Guzman of the Public Attorney's Office (PAO), counsel for accused-appellant. Atty. De Guzman informed the Court that on September 11, 1998, she delivered the copy of the resolution to the surety company at the address indicated in the records of the Insurance Commission, where it was received by a certain Jimmy Montinola.

In its resolution of June 21, 1999, the Court required the surety company to show cause for its failure to comply with the resolution, dated August 5, 1998, requiring it to surrender accused-appellant to the Court. However, the resolution could not be served on PSICI since it had moved without leaving a forwarding address.

WHEREFORE, the Court RESOLVED: (a) to order the arrest and detention of accused-appellant Severino Gonzales, whose last known address is Lot 7, Block 3, Adelina I, San Pedro, Laguna; (b) to direct the Division Clerk of Court to issue to the National Bureau of Investigation the order of arrest and commitment for immediate service on accused-appellant; (c) to consider the resolution, dated June 21, 1999, duly served on Plaridel Surety and Insurance Co., Inc.; (d) to declare forfeited the bail bond provided by Plaridel Surety and Insurance CO., Inc.; and (e) to require the Insurance Commission to inform the Court of the current status and present address of Plaridel Surety and Insurance CO., Inc. within ten (10) days of notice.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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