[G.R. No. 133581. October 18, 2000]

PEOPLE vs. EMELDO OBINA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 18 2000.

G.R. No. 133581 (People v. Emeldo Obina, Carlito Balagbis and Amado Ramirez.)

In a Letter dated 21 January 2000 1 Received by the Court on 17 May 2000 after it was referred by the Chief, Criminal Cases Section, Court of Appeals, where it was erroneously served on 2 February 2000.accused-appellant Carlito Balagbis moved that his appeal be withdrawn on the ground that he had opted instead to apply for parole considering that he had been incarcerated for a period equivalent to the minimum of his indeterminate sentence, and also to avail of the Jail Decongestion Program of the Department of Justice and the Maagang Paglaya Program of the Board of Pardons and Parole. Accused-appellant was convicted of simple robbery 2 The appeal was filed with this Court because Balagbis' co-accused, herein appellant Emeldo Obina, was sentenced to reclusion perpetua for robbery with rape. and sentenced to an indeterminate prison term of four (4) years and two (2) months of prision correccional as minimum to eight (8) years and one (1) day of prision mayor as maximum by the RTC-Br. 1, Borongan, Eastern Samar, in a Decision dated 6 February 1998.

In our Resolution of 3 July 2000 we required the Office of the Solicitor General to comment on the motion. We also required Atty. Almario A. Montes, counsel for accused-appellant Carlito Balagbis, to personally confer with his client to determine the voluntariness of his motion which was signed by him alone, and to report thereon to this Court within ten (10) days from notice.

The Solicitor General filed a motion for extension of time to file the required comment, which it did on 5 October 2000.

On the other hand, Atty. Montes manifested 3 Manifestation dated 15 September 2000.that he was not able to personally confer with accused-appellant Carlito Balagbis when he went to the Provincial Jail at Brgy. Bato, Borongan, Eastern Samar, because accused-appellant was reportedly released from jail by then Provincial Warden Alexandrino R. Apelado on 21 February 2000 on a supposed Bail of Recognizance per records of the Office of the Provincial Warden. Counsel manifested further that he was at a loss as to the whereabouts of accused-appellant Balagbis and might not be able to locate him within the ten (10)-day period specified in the Resolution of 3 July 2000.

ACCORDINGLY, the Motion for Extension of Time to File Comment on accused-appellant Carlito Balagbis' motion to withdraw appeal filed by the Office of the Solicitor General is GRANTED, and the Comment thereafter filed, as well as the Manifestation of 15 September 2000 filed by counsel for accused-appellant Balagbis, is NOTED.

The Executive Judge, Regional Trial Court, Borongan, Eastern Samar, is DIRECTED to look into the circumstances regarding the reported release from confinement of accused-appellant Carlito Balagbis on a supposed Bail of Recognizance by then Provincial Warden Alexandrino R. Apelado without order from this Court, and to REPORT thereon to this Court within fifteen (15) days from notice hereof.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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