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[G.R. No. 137347.  March 4, 2003]

PEOPLE vs. FALLORINA

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 4 2003.

G.R. No. 137347 (People of the Philippines vs. PO3 Ferdinand Fallorina.)

After the requisite briefs had been filed, accused-appellant filed a Motion for Leave to File Motion to Reopen the Case on the ground that the principal witness in the case, Ricardo Salvo, a 13-year-old boy, executed a Sinumpaang Salaysay on December 4, 1999, retracting his statements made in court. This is allegedly considered a newly-discovered evidence which warrants a re-evaluation of the case.

In the Resolution dated July 4, 2000, the Court DENIED said Motion for Leave to File Motion to Reopen the Case and NOTED WITHOUT ACTION the Motion to Reopen the Case.

Subsequently, the Court issued a Resolution on December 17, 2000, resolving that an entry of judgment be made in due course.

There is a need to clarify the Resolution of the Court on December 17, 2000. The entry of judgment in said resolution refers only to the Resolution of the Court dated July 4, 2000 of accused-appellant's Motion to Reopen the Case. It does not in any way pertain to the merits of the appeal as the Court is still in the process of preparing its Decision.

Santiago and Corona, JJ., are on leave.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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