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[G.R. No. 140541-43. October 24, 2000]

PEOPLE vs. EDUARDO GOLIDAN y COTO-ONG

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 24 2000.

G.R. No. 140541-43 (People of the Philippines vs. Eduardo Golidan y Coto-ong, Francis Nacionales y Fernandez, and Teddy Ogsila y Tahil.)

On August 18, 1999, accused-appellants Francis Nacionales y Fernandez, Teddy Ogsila y Tahil, and Eduardo Golidan y Coto-ong were found guilty of Rape with Homicide, Murder and frustrated Murder by Branch 61 of the Regional Trial Court of Baguio City. Having been sentenced to suffer the supreme penalty of death for the rape and killing of the victim Elizabeth Leo, their case was elevated to the Supreme Court on automatic review.

On January 18, 2000, Atty. Maximino Noble III filed his Entry of Appearance as counsel for accused-appellant Teddy Ogsila. This was granted by the Court on May 3, 2000. Subsequently, Atty. Nestor G. Atitiw, on May 8, 2000, filed his entry of appearance as collaborating counsel for accused-appellant Eduardo Golidan, with the request that he be furnished all notices, pleadings, resolutions, motions, and the like at his address.

Of the persuasion that Atty. Atitiw was only collaborating counsel for accused-appellant Eduardo Golidan, the Court denied the latter's request to be furnished all notices, pleadings, resolutions, and motions at his given address, stating that it was only accused-appellant Eduardo Golidan's lead counsel who was entitled to notices, pleadings, resolutions and other processes of the Court.

As it turns out, however, Atty. Atitiw is the only counsel of accused-appellant Eduardo Golidan, and his entry of appearance as collaborating counsel for accused-appellant Eduardo Golidan was filed in the sense that he is collaborating with Atty. Noble III, the defense counsel of accused-appellant Teddy Ogsila. The Court also notes that up to the present, no lawyer has yet entered an appearance for accused-appellant Francis Nacionales. On September 28, 2000, Atty. Noble III filed the brief for accused-appellant Teddy Ogsila.

ACCORDINGLY, the Court resolves to NOTE the brief filed by Atty. Noble III on behalf of accused-appellant Teddy Ogsila and to GRANT Atty. Nestor Atitiw' s request, as counsel for accused-appellant Eduardo Golidan, to be furnished with copy of all processes at 49-D New Lucban Extension, Baguio City.

Likewise, the Court DIRECTS Atty. Nestor Atitiw to file a brief on behalf of accused-appellant Eduardo Golidan within ninety (90) days from receipt hereof.

Furthermore, accused-appellant Francis Nacionales y Fernandez is ordered to designate his counsel, giving the Court said counsel's name and correct and complete address within 30 days from receipt hereof, otherwise the Court will be constrained to appoint counsel de oficio to act for and on his behalf.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court�

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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