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[ G.R. No. 138320-21. August 16, 1999]

PEOPLE OF THE PHILIPPINES vs. MARY GRACE CAROL FLORES.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 16, 1999.

G.R. No. 138320-21 (The People of the Philippines vs. Mary Grace Carol Flores.)

For consideration is a resolution, dated July 1, 1999, of the Court of Appeals requesting the return of the records of this case on the ground that accused-appellant Mary Grace Carol Flores had a pending motion for reconsideration in that court. It appears that in view of the decision of the Court of Appeals sentencing accused-appellant to reclusion perpetua the Court of Appeals elevated the records of this case to this Court on April 15, 1999 apparently unaware that the period for filing a motion for reconsideration had not yet expired. Hence, the premature certification of this case to the Supreme Court.

Considering the foregoing, the Court RESOLVED to DISMISS the appeal in this case and ORDER the return of the records of this case forthwith to the Court of Appeals on the ground of premature certification.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court


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