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[G.R. No. 137867.� January 10, 2005]

MANALANG vs. MTC OF MEDINA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 10 2005 .

G. R. No. 137867 (Pablo T. Manalang vs. Municipal Trial Court of Medina, Misamis Oriental, People of the Philippines , and Sulpicio B. Uyguangco.)

Before us is a petition for change of venue of Criminal Case No. 01-07-99 for illegal discharge of firearm from the Municipal Trial Court of Medina, Misamis Oriental, to any proper court outside that province.

Petitioner Pablo Manalang alleged in his petition that accused Sulpicio B. Uyguangco wields considerable influence in Misamis Oriental owing to his position, "connections", and vast financial resources. He was the former mayor and now the incumbent vice-mayor of Medina. He has followers from the local police and municipal officials and maintains armed bodyguards. He is also close to judges, prosecutors, and noted businessmen.

In his comment on the petition, the Solicitor General strongly supports petitioner's plea for a change of venue of Criminal Case No. 01-07-99 considering the apparent strong influence of the accused in Medina.

Since we did not issue a TRO, the trial court continued hearing the case.

Verification with the Office of the Court Administrator shows that on July 17, 2003, Judge Emmanuel W. Paderanga, then Acting Municipal Trial Court Judge of Medina, rendered a decision in the said case acquitting the accused for failure of the prosecution to prove his guilt beyond reasonable doubt. Thus, the instant petition has become moot and academic.

Moreover, this petition for a change of venue, being an administrative matter, should have been filed with the Office of the Court Administrator, not with this Court.

WHEREFORE, the instant petition is DISMISSED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO

Assistant Division Clerk of Court

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