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[ A.M. No. 99-2-83-RTC. April 13, 1999]

RE: REQUEST OF JUDGE ROSARITO F. DABALOS.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 13, 1999.

A.M. No. 99-2-83-RTC (Re: Request of Judge Rosarito F. Dabalos.)

Acting on a letter, dated 25 January 1999 of Judge Rosarito F. Dabalos, RTC, Branch 2, Libertad, Butuan City, in connection with Criminal Case No. 7794, entitked :People vs. Marck Anthony Borja y Marcos and Jose Villamor, Jr." which is pending before his court and stating that he received an Order in Criminal Case Nos. 1517M-95 and 158-M-195 for Estafa, for the RTC, Br. 20, Malolos, Bulacan, convicting the accused Mark Anthony Borja in Criminal Case No. 1517 and since Mark Anthony Borja is still facing trial before his court, he is requesting that the decretal portion of the order of the Malolos court be held in abeyance and that the accused be kept and detained at the Libertad, Butuan City Jail so that he can be presented during the proceedings against him and to adduced evidence in his behalf, the Court Resolved to (a) GRANT the request of Judge Rosario F. Dabalos it being meritorious considering that the penalty imposed upon the accused Mark Anthony Borja is not death or life imprisonment and if he will be confined at the National Penitentiary at Muntinlupa City, there will be extreme difficulty in bringing him for trial at Butuan City, not to mention the risk of escape; (b) DIRECT the Presiding Judge of RTC, Branch 20, Malolos, Bulacan, to commit the person of Mark Anthony Borja, convicted accused in Criminal Case No. 1517 M-95 at the Davao Prison and Penal Farm, Panabo, Davao del Norte, instead of the National Penitentiary at Muntinlupa City; (c) AUTHORIZE Judge Rosarito F. Dabalos, from the Davao Prison and Penal Farm to the Regional Trial Court, Branch 2, Libertad, Butuan City, for trial; and (d) DIRECT Judge Dabalos to (1) see to it that the case be calendared in consecutive settings so that the case shall be finished in the most expeditious manner and that the transfer of the prisoner extraordinary security measures shall be undertaken; and (2) SUBMIT to the Honorable Court through the Office of the Court Administrator, a progress report on every proceeding conducted in the case."

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

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