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[ G.R. No. 128073. September 13, 1999]

PEOPLE vs. RENE MAMALIAS y FIEL

FIRST DIVISION

Gentlemen:

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

G.R. No. 128073 (People of the Philippines vs. Rene Mamalias y Fiel.)

Accused-appellant Rene Mamalias was convicted on May 19, 1995, by the Regional Trial Court of Manila of the crime of murder and frustrated murder. He was sentenced to suffer the penalty of reclusion perpetua and to indemnify the heirs of the victim. The decision was promulgated on June 8, 1995.

On June 16, 1995, counsel for the accused, Atty. Miguel P. Conje, Jr. of the Public Attorney's Office, filed a notice of appeal.

We accepted the appeal on August 25, 1997.

On September 11, 1997, we required the Director of the Bureau of Corrections to inform the Court whether accused-appellant was confined at the New Bilibid Prison or some other national penal institution.

In his first Indorsement dated October 7, 1997, Action Officer Homobono R. Lachica of the Bureau of Corrections reported that accused-appellant had no record of confinement at the New Bilibid Prison.1 [Rollo, p. 31.]

On October 22, 1997, we required the RTC to inform the Court of the whereabouts of accused-appellants within ten (10) days from notice. The trial court, however, failed to comply with the order. Thus, on October 14, 1998, we required the Presiding Judge of the RTC of Manila, Branch 33 to show cause why he should not be disciplinary dealt with or held in contempt for failure to comply with the resolution of October 22, 1997 and to comply with said resolution by informing the Court of the whereabouts of accused-appellant within ten (10) days from notice.

On January 29, 1999, Clerk of Court Cliford S. Equila of Manila RTC, Branch 33 filed his compliance stating that:

(1)������� The Presiding Judge of this Court had issued an Order of Commitment dated August 2, 1995 x x x (and)

(2)������� Before the promulgation of the decision of the said case, accused Rene Mamalias y Fiel (was) already detained in National Bilibid Prison, Muntinlupa, Metro Manila. Atty. Lourdes Gatbalite, the Branch Clerk of Court at that time, issued a Produce Order addressed to the Director on NBP, Muntinlupa for the promulgation of said decision on June 8, 1995 x x x. 2 [Rollo, p. 105.]

Upon verification of the original records of this case, we found that aside from the facts stated by Mr. Equila, the Manila City Jail has also informed the Branch Clerk of Court on January 10, 1994 that accused-appellant has been committed to the New Bilibid Prison on December 4, 1994.3 [Original Records, p. 71.]

IN VIEW OF THE FOREGOING, the Court resolved to DIRECT:

(1)������� Cliford S. Equila, Clerk of Court, Manila RTC, Branch 33, to inform the Court whether the Order of Commitment dated August 2, 1995 issued by then Judge Rodolfo G. Palattao has been satisfied;

(2)������� the Jail Warden of the Manila Jail to confirm whether or not accused-appellant has been committed to the New Bilibid Prison and to show proof of such commitment;

(3)������� the Director of the Bureau of Corrections to inform the Court whether accused-appellant is confined at the New Bilibid Prison or other national penal institution; and

(4)������� the Public Attorney's Office, counsel for accused-appellant, to inform the Court of Accused-appellant's whereabouts,

all within a non-extendible period of ten (10) days from notice.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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