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[G.R. No. 52341-46. March 23, 2004]

PREGIADO vs. SANDIGANBAYAN

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 23 2004.

G.R. No. 52341-46 (Delia Pregiado, et al., vs. Sandiganbayan and People of the Philippines .)

Before us are the Manifestations dated February 12 AND 23, 2004, filed by Atty. Estela Teresita C. Rosete, Executive Clerk of Court III, First Division, Sandiganbayan, in compliance with the Resolution dated January 20, 2004 requiring her to produce the documentary exhibits in Criminal Cases Nos. 195-200 as listed in the said Resolution.

In her first Manifestation, she informs the Court that she was able to locate from another Division of the Sandiganbayan some of the exhibits, attaching a list marked as Annex "A", and asked for an extension of time to locate the other documents.

In her second Manifestation, she states that she had gone to the Judicial Records Office(JRO) of this Court and obtained from the records of the case the descriptions of the documentary exhibits in Criminal Cases Nos. 195-200; that she had gone over the exhibits in her possession as well as those pertaining to other cases which might be related to these cases, both in the Archives and in the active dockets of the other Divisions of the Sandiganbayan; that some of the needed exhibits were found in the Third Division of the Sandiganbayan where the original markings thereon had been erased and new ones were made on them as follows:

that she had already submitted these exhibits to the JRO of this Court on February 18, 2004; that for all her efforts exerted, there still remains some documents that could not be located as follows:

She prays that her Manifestation be noted and deemed sufficient compliance with the Resolution issued by the Court.

A perusal of the list of unlocated exhibits would show that some of the exhibits pertained to the appointments and oaths of office of the accused in Criminal Cases Nos. 195-200 which were not disputed; and sworn statements of the accused and witnesses which were taken up as part of their testimonies during the trial in the Sandiganbayan. Thus, with the exceptions of Exhibits "A" and "A-1",1 Exhibits "G-22" and "G-22-a",2 Exhibits "P", "P-1" to "P-11",3 and Exhibits "DD-5" to "DD-6",4 the rest of the unlocated exhibits could be dispensed with.

As to the unlocated documentary exhibits submitted by petitioner Delia Preagido, the Court cannot fully ascertain the same considering that page 215 of the transcript of stenographic notes dated November 19, 1979 where the offer was made is missing but page 216 of the same TSN showed that Exhibits "5" and "6" were offered by Preagido. However, only Exhibits "1" and "2" for Preagido were listed in the minutes of the hearing.

WHEREFORE, the Manifestations dated February 12 and 23, 2004, filed by Atty. Estela Teresita C. Rosete, Executive Clerk of Court III, First Division of the Sandiganbayan are NOTED.

The Solicitor General is directed to submit within 10 days from receipt hereof certified copies of Exhibits "A" and "A-l", Exhibits "G-22" and "G-22-a", Exhibits "P", "P-1" to "P-11", and Exhibits "DD-5" to "DD-6" described in the text of herein Resolution; and furnish petitioners copies thereof.

Attys. Geronimo R. Creer, Jr. and Lloyd A. Limbaga, respective counsels of petitioners Delia Preagido and Ulrico Bolotaulo, are likewise directed within the same period of time, to submit copies of the documentary exhibits which were offered and marked for the petitioners, each to furnish the Solicitor General, copies thereof within the same period of time.

Parties are required to file their respective comments or oppositions to the exhibits submitted to the Court within 10 days from receipt of copies of the exhibits.

In the event that they could not submit the required exhibits, parties are directed to manifest before the Court whether they are willing to dispense with the said exhibits and to submit the above-entitled cases for resolution of the Court on the basis of the evidence already with the Court.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

Endnotes:

1 Receipts both dated May 31, 1978 in the amounts of P8,500.00 and P4,686.00, respectively.

2 Letter of Auditor Lopena to Castillo.

3 Letter report of Engr. Clemencia Sarmiento as part of his testimony and for the purpose of showing the short delivery or non-delivery of the items mentioned in the six vouchers.

4 Statistical data of materials extracted from Dampas quarry delivered to Tagbilaran Totulan Dauis Bridge, and statistical data of materials extracted from Belderos quarry.

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