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[ G.R. No. 93996. February 7, 2000]

DANIEL FERNANDO vs. PEOPLE

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 7 2000.

G.R. No. 93996 (Daniel Fernando vs. The People of the Philippines.)

On May 26, 1998, petitioner Daniel Fajardo was convicted by the Regional Trial Court of Iloilo, Branch 33, in Criminal Case No. 14196 of violating B.P. Blg. 22 and sentenced to suffer eight months imprisonment. The conviction was affirmed by the Court of Appeals in CA-G.R. CR No. 06311 in its decision dated February 27, 1990. Petitioner's motion for reconsideration of said decision was denied by the appellate court on June 19, 1990.

On August 6, 1990, Fajardo appealed the decision of the Court of Appeals, which we denied for petitioner's failure to comply with Supreme Court Circular No. 1-88. We also denied with finality, petitioner's motion for reconsideration. With the entry of judgment on July 24, 1992, the decision became final and executory.1 Rollo , p. 128.

On August 29, 1997, private complainant wrote a letter to the Secretary of Justice alleging that the trial court had not executed the decision to commit petitioner to prison,2 Id. at 132-133. and moved for the issuance of a writ of execution.3 Id . at 102-115. Upon our receipt of the Department of Justice endorsement of private complainant's letter, on October 29, 1997, this Court issued a resolution requiring the presiding judge, RTC of Iloilo City, Branch 33 to comment. On October 8, 1998, we were informed by the presiding judge that even before the motion for a writ of execution, an Absolute Pardon, dated August 22, 1997 had been granted by President Fidel V. Ramos to petitioner, attaching thereto a certified true copy of said Absolute Pardon.4 Id . at 217-219.

WHEREFORE, in view of the grant of Absolute Pardon to petitioner by the President, private respondent's "Motion to Direct the Regional Trial Court of Iloilo, Branch 33 to Issue Immediately A Writ of Execution to Commit Petitioner to Prison" is hereby DENIED for being MOOT and ACADEMIC. No pronouncement as to costs.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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