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[G.R. No. 173269. September 6, 2006]

PEOPLE OF THE PHILIPPINES vs. ALFREDO ABALOS [FORMERLY ALFREDO ABALOS vs. PEOPLE OF THE PHILIPPINES]

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT. 6, 2006

G.R. No. 173269 (People of the Philippines vs. Alfredo Abalos [Formerly Alfredo Abalos vs. People of the Philippines ])

Appellant Alfredo Abalos was convicted of parricide and sentenced to reclusion perpetua by the Regional Trial Court of Narvacan, Ilocos Sur, Branch 22. From the aforesaid decision, appellant appealed to the Supreme Court, where his appeal was docketed as G.R. No. 152467.

The appeal was transferred to the Court of Appeals for appropriate action and disposition per Resolution of this Court dated March 7, 2005, in accordance with the ruling in People v. Mateo, where it was docketed as CA-G.R. CR-HC No. 01609.

On March 21, 2006, the appellate court promulgated its decision, affirming with modification the decision of the trial court. Appellant sought reconsideration but the same was denied by the appellate court in its Resolution dated June 22, 2006, copy of which was received by the appellant on June 29, 2006.

On July 14, 2006, appellant, instead of filing a notice of appeal with the Court of Appeals, filed with this Court a "Motion for Extension of Time to File Petition for Review," which the Court granted in its Resolution dated July 26, 2006.

On August 14, 2006, appellant filed his Petition for Review on Certiorari.

It appearing that appellant has filed his petition for review on certiorari, seasonably within the period of filing his notice of appeal, in accordance with the liberal spirit pervading in the Rules of Court and in the interest of justice, the Court will treat the present petition as an ordinary appeal pursuant to Rule 124, Section 13 (c) of the 2000 Rules of Criminal Procedure, as amended.

The Court resolves to CHANGE the title of the case to People of the Philippines vs. Alfredo Abalos and REQUIRE the parties to simultaneously submit SUPPLEMENTAL BRIEFS within thirty (30) days from notice thereof, if they so desire. The Court of Appeals is DIRECTED to elevate the records of this case within ten (10) days from receipt hereof.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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