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[G.R. Nos. 119660-61.� April 11, 2005]

HERRERA vs. PEOPLE

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated APR 11 2005.

G.R. Nos. 119660-61 (PAT. EDGARDO HERRERA y BALTORIBIO, PAT. REDENTOR MARIANO y ANTONIO vs. PEOPLE OF THE PHILIPPINES and SANDIGANBAYAN, 5^th DIVISION.)

The records show that the petitioners and Pat. Roberto Barrera and Rodolfo Alcalde were charged with three counts of murder in the Sandiganbayan. It was alleged therein that they conspired to kill the victims. The petitioners were then arrested and trial ensued as against them, while the other accused remained at large.

The petitioners were convicted of the crimes charged as principals by indispensable cooperation and sentenced to suffer reclusion perpetua. The petitioners appealed to this Court.

In the meantime, accused Pat. Roberto Barrera was arrested and tried for the said crimes. On January 15, 2004, the Sandiganbayan rendered judgment convicting him of the crimes charged, as principal by direct participation and sentenced him to reclusion perpetua. He then appealed to this Court, but the records have yet to be elevated.

IN VIEW OF ALL THE FOREGOING, the Special Prosecutor and the petitioners are DIRECTED to file their respective position papers within ten (10) days from notice hereof on the issue of whether or not this Court should suspend the proceedings pending the consolidation of the appeal of accused Roberto Barrera and these cases so that a consolidated decision in both appeals can be rendered.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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