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EN BANC

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 5 2005.

G.R. Nos. 141788-89 ( People of the Philippines vs. Vicente Batingan.)

The Court Resolved to

(a) GRANT the Motion dated 12 May 2005 filed by Atty. Marvin R. Osias of the Public Attorney's Office, counsel for appellant, for a second extension of ten (10) days from the expiration of the first extension or until 25 May 2005 within which to file a reply brief; and

(b) NOTE the aforesaid Reply Brief dated 23 May 2005 filed in compliance with the resolution of 11 January 2005.

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 these cases to the Court of Appeals, for appropriate action and disposition.

LET all the pertinent records of these cases be TRANSFERRED to the Court of Appeals.

Sandoval-Gutierrez, Carpio and Corona, JJ., on official leave.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Acting Clerk of Court

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