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[G.R. No. L-40633.July 4, 2001]

PEOPLE vs. HONDOLERO

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 4 2001.

G.R. No. L-40633 (People of the Philippines vs. Telesforo Hondolero y Brazil.)

It appears from the sketchy Rollo of this case that Telesforo Hondolero was charged with the crime of forcible abduction with rape and homicide before the Court of First Instance of Leyte, Branch VI, Carigara, Leyte.The same was docketed as Criminal Case No. C-507.

On February 21, 1975, the trial court rendered a decision sentencing the accused to death, the decretal portion of which reads:

ALL THE FOREGOING CONSIDERED, the Court hereby renders judgment finding the accused Telesforo Hondolero y Brazil GUILTY of the crime of Forcible Abduction with Rape and Homicide defined and punishable by Arts. 342, 335 and 249 in relation to Art. 48, all of the Revised Penal Code and hereby imposes upon him the extreme penalty of DEATH, to be executed in accordance with the provisions of Arts. 81-85, Revised Penal Code, and further sentences him to pay to the heirs of the deceased victim civil indemnity in the amount of P12,000.00 and costs of this action. 1 Rollo, p. 7.

Consequently, the case was elevated to this Court on automatic review.

On August 25, 1976, the Court speaking through Justice Hermogenes Concepcion, Jr. rendered a decision setting aside the trial court's judgment on the ground of improvident plea of guilt.The dispositive portion of the decision reads:

ACCORDINGLY, the decision appealed from is set aside, and this case is remanded to the court a quo for a new arraignment of the accused, and thereafter for further proceedings in accordance with law and consistently with the views herein expressed.No costs.

SO ORDERED. 2 Id., at 9.

Nothing else followed from the available records except that on April 19, 2000, herein accused filed an urgent motion to withdraw appeal.This prompted the Court to inquire about the status of the case.

On May 15, 2000, Jose G. Ang, Chief Judicial Staff Officer and Chief, Judgment Division wrote the Clerk of Court, Regional Trial Court, Branch XIII, Carigara, Leyte, requesting for a copy of the decision of the remanded case.No response was received.On August 22, 2000, Mr. Ang again wrote the Clerk of Court reiterating the Supreme Court's request for information on the status of the case.Again, there was no reply.Sometime in October 2000, Mr. Ang wrote the Clerk of Court for the third time.On December 5, 2000, Atty. Joseph N. Escalona, Branch Clerk of Court, RTC, Br. 13, Carigara, Leyte, informed the Court that no record of herein case appears in the files of said court.He wrote:

xxx

This has reference to your undated letter which was received by this Court on October 30, 2000 requiring undersigned to "furnish copy of the decision of the remanded case and an information of any appeal filed by the aggrieved party", (letter dated August 22, 2000).

Please be informed that per verification of all criminal cases in this Court, no record of the above-entitled case appears to be in our files.However, Criminal Docket Book No. 9, which unfortunately is now extremely dilapidated, an entry dated September 9, 1976 appears thereon remanding the said case to the Court for new arraignment.No further entries follow thereafter.This is corroborated by the attached affidavit of Mr. Jose S. Caballes, the present Staff Assistant assigned in Criminal Cases.

Incidentally, undersigned has just assumed office sometime in 1996, hence, I have to rely solely upon the existing records on such date.

xxx 3 Id., at 18.

On March 20, 2001, the Court directed the Bureau of Corrections to inform the Court of the whereabouts of the accused.

On April 18, 2001, the Assistant Director of the Bureau of Corrections informed the Court that herein accused was received at the New Bilibid Prison on April 30, 1975.

It would thus appear that herein accused has been languishing in jail for the past 25 years without any action having been taken by the trial court on the Court's decision remanding the case for a new arraignment and trial.

The Court would like to be informed (a) on the status of the remanded case, (b) why no further proceedings were conducted in this case after it was entered as a remanded case in the Criminal Docket of subject RTC in 1976, and (c) who is/are responsible for the apparent inaction.

ACCORDINGLY, the Office of the Court Administrator is DIRECTED to conduct an investigation and thereafter, make a report and recommendation to this Court not later than July 30, 2001.Panganiban, Quisumbing and Santiago, JJ., abroad on official business.Reyes, J., is on leave.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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