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[G.R. No. 164379. February 15, 2005]

PEOPLE vs. ILAGAN

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 15 2005 .

G.R. No. 164379 (People of the Philippines vs. Zaldy Ilagan .)

In the Resolution dated October 6, 2004, the Court accepted the appeal of the accused Zaldy Ilagan, who was found guilty of the crime of murder and was sentenced to suffer the penalty of reclusion perpetua by Judge Freddie Balonzo of the Regional Trial Court, 5^th Judicial Region, Branch 63, Calabanga, Camarines Sur. The Court thereby directed the Presiding Judge to order the commitment of said accused to the New Bilibid Prison (NBP) or any appropriate national penitentiary under the Bureau of Corrections considering that said accused was still detained at the Tinangis Jail and Penal Farm, Tinangis, Pili, Camarines Sur. On December 12, 2004, Judge Balonzo submitted a letter averring that he has issued an order of commitment of the accused-appellant to the NBP but the said accused "continues to remain in the custody of the Provincial Jail Warden of Camarines Sur, who explained that such failure to transfer to the NBP was due to budgetary constraints." Attached therewith is a Letter of Provincial Jail Warden Gilberto P. Tapel dated November 19, 2004 of the Tinangis Jail and Penal Farm, Tinangis, Pili, Camarines Sur, stating that he can not transfer the accused-appellant Zaldy Ilagan y Molina to the New Bilibid Prison, Muntinlupa City, due to lack of funds.

Section 61 of Republic Act No. 6975, "An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government and For Other Purposes," enacted on December 13, 1990, provides that it is the provincial government which has control and supervision over provincial jails, as it states:

CHAPTER V

BUREAU OF JAIL MANAGEMENT AND PENOLGY

. . .

Section 61. Powers and Functions.-The Jail Bureau shall exercise supervision and control over all city and municipal jails. The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction, whose expenses shall be subsidized by the National Government for not more than three (3) years after the effectivity of this Act.

Considering the foregoing, the Court hereby resolved to DIRECT the Provincial Jail Warden Gilberto P. Tapel to TRANSFER the accused Zaldy Ilagan to the New Bilibid Prison within ten (10) days from notice hereof. The Provincial Government of Camarines Sur is further directed to RELEASE funds immediately to effect the transfer of the accused Zaldy Ilagan to the New Bilibid Prison. Further, the Provincial Government of Camarines Sur is ENJOINED to, thenceforth, appropriate funds for the transfer of inmates to the national penitentiary.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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