Philippine Supreme Court Resolutions > Year 2010 > May 2010 Resolutions > [G.R. No. 176389 : May 04, 2010] ANTONIO LEJANO, PETITIONER VERSUS PEOPLE OF THE PHILIPPINES, RESPONDENT.G.R. NO. 176864 PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE VERSUS HUBERT JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL RODRIGUEZ, PETER ESTRADA AND GERARDO BIONG, ACCUSED-APPELLANTS; ARTEMIO VENTURA, JOEY FILART AND JOHN DOES (AT-LARGE), ACCUSED. :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated May 4, 2010

"G.R. No. 176389 - Antonio Lejano, petitioner versus People of the Philippines, respondent.

G.R. No. 176864 - People of the Philippines, plaintiff-appellee versus Hubert Jeffrey P. Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong, accused-appellants; Artemio Ventura, Joey Filart and John Does (At-Large), accused.


Before the Court are the following documents: (1) Compliance and Manifestation dated April 27, 2010 filed by Deputy Director for Technical Services Atty. Reynaldo O. Esmeralda, National Bureau of Investigation (NBI), filed in compliance with the Court's Resolution dated April 20, 2010; (2) Entry of Appearance dated April 28, 2010 filed by the Law Firm of Ongkiko Manhit Custodio and Acorda as counsel for accused-appellant Hubert Jeffrey P. Webb, with prayer that copies of all pleadings, notices, resolutions and other legal processes be sent to it; (3) Motion to Secure Copies of Case Documents dated April 30, 2010 filed by counsel for accused-appellant Hubert Jeffrey P. Webb; and (4) Motion to Require the Regional Trial Court of Para�aque City, Branch 274 to Submit Semen Specimen for DNA Analysis dated April 30, 2010, filed by counsel for accused-appellant Hubert Jeffrey P. Webb.

In its Compliance and Manifestation dated April 27, 2010, the NBI through Deputy Director for Technical Services Atty. Esmeralda manifested that "the desired semen specimen/vaginal smear taken from the cadaver of Carmela Vizconde (including all original documents [i.e., autopsy and laboratory reports] and photographs) is no longer in the custody of the NBI as the same was already submitted, as evidence, to the Regional Trial Court Branch 274, Para�aque City, by then NBI Medico-Legal Chief, PROSPERO A. CABANAYAN, M.D., when the latter testified on direct an dcross examinations on January 30, 31, February 1, 5, 6, 7, 1996 before said court. Attached to said compliance, respectively as Annexes "C" and "D," were the sworn affidavit dated April 27, 2010 of former NBI Medico-Legal Chief Prospero A. Cabanayan, M.D. and certified true copy of the inside flap of an envelop bearing the latter's signed handwritten notation relative to the herein cases. Said notation reads, ". . . All originals, photographs, including smear submitted in evidence."

Considering the above compliance and manifestation, accused-appellant Hubert Jeffrey P. Webb, through counsel, now prays that the Court direct the Regional Trial Court of Para�aque City, Branch 274 to submit the semen specimen to the UP-Natural Science and Research Institute for DNA Analysis. Counsel for accused-appellant Hubert Jeffrey P. Webb, likewise prays to be allowed to secure photocopies of the following documents relative to the above-captioned cases:

(1)	Motion to Direct NBI to Submit Semen Specimen to DNA Analysis and the attached letter dated April 23, 1997 signed by Dr. Renato C. Bautista of the NBI Medico-Legal Division;
(2)	Transcript of Stenographic Notes of the testimony of Dr. Prospero Cabanayan during the hearings held on January 30 and 31, 1996, as well as February 1, 6, and 7, 1996;
(3)	Prosecution's Formal Offer of Evidence with the Regional Trial Court;
(4)	Appellant's Brief filed by the accused-appellant Hubert Jeffrey P. Webb;
(5)	Petition for Certiorari filed by Accused Antonio Lejano vs. People of the Philippines with the Court of Appeals; and
(6)	Such other documents which may be necessary and pertinent to the submission of semen specimen to DNA Analysis.

WHEREFORE, the Court resolves to DIRECT of the Branch Clerk of Court or in his absence, the Officer-in-Charge (OIC) of the Regional Trial Court of Para�aque City, Branch 274, and incumbent Chief State Prosecutor Claro Arellano, Department of Justice, to COMMENT on the Compliance and Manifestation dated April 27, 2010 of the National Bureau of Investigation, specifically on the signed handwritten notation of Dr. Prospero A. Cabanayan, M.D. on the envelope attached as Annex "D" to said Compliance and Manifestation, within five (5) days from notice of this Resolution. The Court further resolves to NOTE the Entry of Appearance dated April 28, 2010 filed by the Law Firm of Ongkiko Manhit Custodio and Acorda as counsel for accused-appellant Hubert Jeffrey P. Webb, and GRANT its prayer that it be furnished with copies of all pleadings, notices, resolutions and other legal processes at its given address.

The Motion to Secure Copies of Case Documents dated April 30, 2010 and Motion to Require the Regional Trial Court of Para�aque City, Branch 274 to Submit Semen Specimen for DNA Analysis dated April 30, 2010, both filed by counsel for accused-appellant Hubert Jeffrey P. Webb are likewise GRANTED." Carpio and Velasco, Jr., JJ., no part.