SUPREME COURT DECISIONS

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Endnotes:


1 Rollo, pp. 18-20.

2 Ibid., p. 39.

3 2nd Rollo, p. 7.

4 Ibid., p. 15.

5 Circular No. 13-92. "xxx xxx xxx

Conformably herewith, Circular No. 5, dated November 25, 1982, is hereby revoked and declared of no further force or effect. The following procedure is therefore prescribed in the administration of Court Fiduciary Funds:

Guidelines in Making Deposits

1) Deposits shall be made under a savings account. Current account can also be maintained provided that it is on an automatic transfer of current account from savings.

2) Deposits shall be made in the name of the Court.

3) The Clerk of Court shall be custodian of the Passbook to be issued by the depository bank and shall advise the Executive Judge of the banks name, branch and savings/current account number.

Guidelines in Making Withdrawals

1) Withdrawal slips shall be signed by the Executive Judge and countersigned by the Clerk of Court.

2) If maintaining a current account, withdrawals shall be made by checks. Signatories on the check shall likewise be the Executive Judge and the Clerk of Court.

All collections from bailbonds, rental deposits and other fiduciary collections shall be deposited immediately by the Clerk of Court concerned, upon receipt thereof, with an authorized government depository bank. x x x.

6 Ibid., p. 19.

7 Id., p. 1-2.

8 Rollo, p. 52.

9 Rollo, p. 55.

10 Rollo, p. 44.

11 Rollo, pp. 44-45,

12 241 SCRA 577 (1995).

13 Rule 3.08, CSC.

14 Buenaventura v. Benedicto, 38 SCRA 71 (1971); Rodriguez v. Barro, 84 SCRA 663 (1978); Bendesula v. Laya, 58 SCRA 16 (1974); Celino v. Abrogar, 245 SCRA 309 (1995); Estoya v. Abraham-Singson, 237 SCRA 1 (1994).

15 Rollo, p. 287.

16 Ibid., pp. 1-2

17 Prieto v. Cariaga, 242 SCRA 315 (1995).

18 Rollo, pp. 278-282.

19 Sec. 3, Rule 131, Rules of Court.

20 Sec. 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

21 Rollo, pp. 271-277.

22 187 SCRA 47 (1990).

23 Miranda v. Arizona, 384 U.S. 436.

24 Bernas, The Constitution of the Republic of the Philippines, A Commentary, 1987, First Edition, pp. 343-349; People v. Ayson, 175 SCRA 216 (1989).

25 TSN, April 21, 1995, pp. 62-66, 92-93.

26 People v. Balisteros, 237 SCRA 499 (1994).

27 Rollo, p. 291.

28 Fabiculana v. Gadon, 239 SCRA 542 (1994).

29 Rollo, pp. 52 and 55.

30 Tolentino v. Court of Appeals, 150 SCRA 26 (1987); Biak-na-Bato v. Tanco, 193 SCRA 323 (1991).

31 Betguen v. Masangcay, 238 SCRA 475 (1994).

32 People v. Matildo, 230 SCRA 635 (1994); People v. Pacola, 58 SCRA 370 (1974).

33 Court of Appeals Associate Justice Romeo J. Callejo who submitted a report dated April 17, 1996 in compliance with the Courts resolution dated November 28, 1994.

34 People v. Catalino, 22 SCRA 1091 (1968).

35 People v. Caliling, 74 SCRA 285 (1976).

36 Montemayor v. Callado, 107 SCRA 258 (1981).

37 Conchita-Lim-Arce v. Alejandro S. Arce, Adm. Matter No. 89-312, January 4, 1992.

38 Section 1, Article XI, 1987 Constitution.




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