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[G.R. No. 143960.January 31, 2001]

PEOPLE vs. DOMINGO SALAS y CARBO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 31 2001 .

G.R. No. 143960(People vs. Domingo Salas y Garbo.)

For consideration are: (a) 1st Indorsement, dated December 11, 2000, of Joselito A. Fajardo, Assistant Director of the Bureau of Corrections, Muntinlupa City; and (b) Letter, dated December 12, 2000, of Mario N. Melchor, Jr., Clerk of Court, Regional Trial Court, Branch 16, Naval, Biliran, in compliance with the resolution, dated October 16, 2000, of this Court requiring the Presiding Judge of Branch 16 to order the commitment of accused-appellant Domingo Salas y Garbo to the New Bilibid Prison and the Director of the Bureau of Corrections to confirm to this Court the fact of accused-appellant's confinement therein.

According to the letter of Clerk of Court Melchor, Jr., confirmed by the 1st Indorsement of Asst. Director Fajardo, accused-appellant was not committed to the national penitentiary because of another case against him (Criminal Case No. N-2074) which is pending in the trial court.

Considering that accused-appellant has been sentenced to suffer the penalty of reclusion perpetua in this case, he is classified as a national prisoner and should therefore be forthwith committed to the Director of Corrections in Muntinlupa, pursuant to Administrative Circular No. 42-93. Furthermore, under Administrative Circular No. 6, dated December 5, 1977, no prisoner sentenced to death or life imprisonment confined in the New Bilibid Prison is allowed to be brought outside the said penal institution for appearance or attendance in any court except when this Court authorizes the Judge, upon proper application, to effect the transfer of said prisoner. Accordingly, accused-appellant should be committed to the New Bilibid Prison and any case pending against him should be transferred to the Regional Trial Court of Muntinlupa.

WHEREFORE, the Court RESOLVED: (a) to NOTE the 1st Indorsement of Asst. Director Fajardo and the letter of Clerk of Court Mario Melchor, Jr.; (b) to REQUIRE the Presiding Judge of the Regional Trial Court, Branch 16, Naval, Biliran, to order the commitment of accused-appellant to the New Bilibid Prison and to report to this Court compliance with this order 10 days from notice hereof; and (c) to REQUIRE the Director of the Bureau of Corrections to CONFIRM to this Court the fact of accused-appellant's confinement therein pursuant to this resolution within 10 days therefrom.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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