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SECOND DIVISION

Sirs and Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 9 2005 .

A.M. No. 04-11-654-RTC (Re: Request to continue hearing of Abu Sayyaf cases for kidnapping at Camp Bagong Diwa, Taguig. Metro Manila.)

This resolves the Letter dated 23 February 2005 of Atty. Vicente G. Vinarao, P/Major General, PNP (Ret.), MNSA, Director, filed in connection with the Resolution dated 1 December 2004, stating that pursuant to aforesaid Resolution, the transfer of the thirteen (13) accused Abu Sayyaf members to Camp Bagong Diwa, Taguig, Metro Manila, was effected on 23 February 2005 and that, however, a certain J/Chief Inspector Jaime Aquino, the Assistant Jail Warden of the Metro Manila District Jail at Camp Bagong Diwa refused to honor said Resolution and required the presentation of a Commitment Order before the subject inmates/accused could be transferred to their facility. Thus, the thirteen (13) accused were returned on 23 February 2005 to their death-row cells at the Maximum Security Compound of the New Bilibid Prison (NBP) on or about 1:14 in the afternoon that day.

In the Resolution dated 1 December 2004, this Court: (a) granted the request of RTC Judge Lorifel Pahimna, Branch 69, Pasig City, to continue hearing the kidnapping cases involving members of the Abu Sayyaf group at Camp Bagong Diwa, Taguig; (b) ordered the transfer of 13 accused who were convicted by the RTC, Branch 2, Basilan City, in Crim. Cases No. 3608-1164, No. 3537-1129, No. 3674-1187 and No. 3611-1165 who have pending cases at the RTC, Branch 69, Pasig City, and detained at the NBP, to Camp Bagong Diwa for continuation of the trial of their cases being heard by Judge Pahimna; and (c) directed the Director of Prisons to adopt such measures as may be necessary to prevent the escape of the accused while in transit to Camp Bagong Diwa.

It is very clear that the 1 December 2004 Resolution of this Court is itself the Commitment Order for the transfer of the subject inmates to the Camp Bagong Diwa, Taguig, Metro Manila.

Accordingly, the Court RESOLVES to:

(1)����������� REQUIRE J/Chief Inspector Jaime Aquino, the Assistant Jail Warden of the Metro Manila District Jail at Camp Bagong Diwa, to (a) SHOW CAUSE why he should not be held in contempt for failure to comply with our 1 December 2004 Resolution and (b) COMPLY with the said Resolution, both within ten (10) days from notice hereof.

(2)����������� REQUIRE Atty. Vicente G. Vinarao, P/Major General, PNP (Ret.), MNSA, Director, to COMPLY with our 1 December 2004 Resolution, within ten (10) days from notice hereof.

For immediate compliance.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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