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[G.R. No. 132859.March 6, 2002]

PEOPLE vs. RADEL GALLARDE

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 06 MAR 2002.

G.R. No. 132859(People of the Philippines vs. Radel Gallarde.)

Radel Gallarde filed the instant petition seeking to reverse and set aside the Decision, dated February 12, 1998, of the Regional Trial Court, Branch 51, Tayug, Pangasinan in Criminal Case No. T-1978 finding him guilty beyond reasonable doubt of murder and sentencing him to suffer the penalty of reclusion perpetua. The counsel of Gallarde, however, made a mistake in filing the instant petition and denominating it as a petition for review on certiorari since the filing of a notice of appeal would have been sufficient in this case.

Apparently mindful of this error, a notice of appeal was subsequently filed with the court a quo and said appeal was elevated to this Court as G.R. No. 133025. The records now show that a Decision, dated February 17, 2000, had already been promulgated by this Court in said case. The same became final and executory on July 4, 2000. There is thus no further need to resolve the instant case as it involves the same appeal as that resolved in G.R. No. 133025.

ACCORDINGLY, the Court Resolved to consider the case CLOSED and TERMINATED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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