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[G.R. No. 162620.� April 26, 2005]

PEOPLE vs. ALBAYTAR

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated APR 26 2005.

G.R. No. 162620 (People of the Philippines vs. Jerry Albaytar.)

The Court Resolved to NOTE the Manifestation (in Lieu of Reply Brief) dated 28 March 2005 filed by Atty. Maria G-Ree R. Calinawan of the Public Attorney's Office, counsel for accused-appellant, stating, among other things, that a perusal of the appellee's brief would show that aside from the recommendation that accused-appellant be required to pay an additional amount of P50,000.00 as moral damages, no other new and material issue was raised in the said brief; hence, the filing of a reply brief would result to a reiteration of all the arguments raised in the appellant's brief.

Conformably with the decision promulgated on 7 July 2004 in G.R. Nos. 147678-87, entitled The People of the Philippines vs. Efren Mateo y Garcia, modifying the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 and any other rule insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua or life imprisonment, as well as the resolution of the Supreme Court en banc, dated 19 September 1995, in "Internal Rules of the Supreme Court" in cases similarly involving the death penalty, pursuant to the Court's power to promulgate rules of procedure in all courts under Article VIII, Section 5 of the Constitution, and allowing an intermediate review by the Court of Appeals before such cases are elevated to this Court, the Court further Resolved to TRANSFER this case to the Court of Appeals, for appropriate action and disposition.

LET all the pertinent records of this case be TRANSFERRED to the Court of Appeals.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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