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[G.R. No. 98494-98692. November 16, 1999]

ROGELIO ALVIZO, et al vs. SANDIGANBAYAN, et al.

EN BANC

Gentlemen:

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

G.R. No. 98494-98692(Rogelio Alvizo, Florito Montecillo, Pompeyo Almagro and Catalino Magno, Jr. vs. The Honorable Sandiganbayan and People of the Philippines.)

Before us is a Motion to dismiss cases and discharge bail bond filed by Atty. Bienvenido R. Saniel, Jr. counsel for Florito Montecillo (one of the petitioners in the G.R. 98494-98692) informing the Court of the death of the said petitioner on April 17, 1998 in Toledo City and attaching thereto a certified photocopy of the certificate of his death issued by the office of the Civil Registrar of Toledo City. Said counsel prays that the cases involving Florito Montecillo be dismissed and the bail bond posted for his provisional liberty be discharged.

Required to Comment on the subject motion to dismiss and discharge bail bond, the Solicitor General submitted the required Comment on September 22, 1999 containing an extensive discussion of the effect of the death on the criminal as well as on the civil liabilities of petitioner and recommending that the appeal be dismissed insofar as petitioner Florito Montecillo is concerned and that the bail bond posted for his provisional liberty be cancelled.

In view thereof, the Court resolved to GRANT the motion. Consequently, the appeal of Florito Montecillo in G.R. Nos. 98494-98692 is DISMISSED and the bail bond posted for his provisional liberty is CANCELLED. (DAVIDE, JR., C.J., no part).

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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