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[ G.R. No. 97472-73. August 30, 1999]

PEOPLE OF THE PHILS. vs. VICENTE PACA�A, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated AUG. 30, 1999.

G.R. No. 97472-73 (People of the Philippines vs. Vicente Paca�a, Bernardo Paca�a, Virgilio Paca�a, and Victoriano Paca�a.)

Appellants were convicted by the Regional Trial Court (RTC) of Cebu, Branch 11 of murder and frustrated murder in a judgment dated October 26, 1990. In the course of their appeal, appellants Vicente, Bernardo and Virgilio wrote the Court of their appeal, appellants Vicente, Bernardo and Virgilio wrote the Court that they are withdrawing their appeal. The Court, in a resolution dated June 28, 1999, required the Director, Bureau of Corrections to confirm the voluntariness of the withdrawal of appeal of said three appellants. In a certification issued by said Director, he confirmed the voluntariness of withdrawal made by appellants Vicente and Virgilio but failed to mention appellant Bernardo Paca�a.

ACCORDINGLY, the withdrawal of appeal insofar as appellants Vicente and Virhilio Paca�a are concerned is GRANTED. The Director, Bureau of Corrections, is again REQUIRED to CONFIRM the voluntariness of the withdrawal of appeal of Bernardo Paca�a within a non-extendible period of five (5) days from notice hereof.

The Court further resolves to REQUIRE said Director to inform the Court within the same period whether appellant Victoriano Paca�a is confined in the New Bilibid Prison.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court

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