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[G.R. No. 160619. February 9, 2004]

PEOPLE vs. CASTILLO

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 9 2004.

G.R. No. 160619 (People of the Philippines vs. Jessie Castillo, et al.)

In the Resolution dated December 10, 2003, the Court noted and granted the petitioner's manifestation and motion for Extension of Time to file a Petition for Review dated November 19, 2003.The Petition for Review was duly filed on December 5, 2003.

On December 17, 2003, counsel for respondent filed a Motion to Dismiss dated December 11, 2003, praying that the aforesaid manifestation and motion for extension of time be denied for lack of sufficient showing that the petitioner has not lost the fifteen-day reglementary period to appeal.Said Motion to dismiss is in effect a motion for the consideration of our Resolution dated November 19, 2003.A comment thereon was filed by the petitioner on January 16, 2004, averring that contrary to the respondent's allegations, it has substantially complied with the requirement of stating the material dates in its motion for extension and the petition for review and submits that its aforesaid motion and petition were, therefore, filed on time.

The Court Resolves to: (1) DENY the Motion to Dismiss dated December 11, 2003 of the private respondent; and (2) REQUIRE the respondents to file their COMMENT on the petition for review, within ten (10) days from notice hereof.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Asst. Div. Clerk of Court

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