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[ G.R. No. 135028. September 20, 1999]

PEOPLE vs. RENATO BRACIA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 20 1999.

G.R. No. 135028 (People vs. Renato Bracia.)

In our Resolution of 14 June 1999 we required the Presiding Judge of the Regional Trial Court of Tabaco, Albay, Br. 18, to: (1) order the commitment of accused-appellant Renato Bracia to the new Bilibid Prison; and, (2) submit his report thereon within ten (10) days from notice of the Resolution.

In compliance therewith, Alden V. Gianan, Clerk of Court, RTC-Br. 18, Tabaco, Albay, sent a Letter dated 6 August 1999 to this Court informing us that "a Commitment order was issued by [the RTC-Br. 18, Tabaco Albay] upon conviction x x x x" and that "Renato Bracia was committed to the New Bilibid Prison, Bureau of Corrections, Muntinlupa City, on June 24, 1997."

However, contrary to the foregoing manifestation of Clerk of Court Gianan, accused-appellant Renato Bracia has no record of confinement at the New Bilibid Prison per certification of Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, in his Letter to this Court dated 6 August 1999.

Moreover, we note that our Resolution of 14 June 1999 sent on 19 July 1999 by registered mail to accused-appellant Renato Bracia with address at the Provincial Jail, Daraga, Albay, was returned unserved with the notation thereon "Bonded."

ACCORDINGLY, the Presiding Judge of the Regional Trial Court of Tabaco, Albay. Br. 18, is ORDERED, within five (5) days from notice hereof, to: (1) SUBMIT to this Court a copy of his Commitment Order allegedly issued for the commitment of accused-appellant Renato Bracia to the New Bilibid Prison; (2) COMMENT on the: [a] Letter dated 6 August 1999 of Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, informing the Court that accused-appellant Renato Bracia was not confined at the New Bilibid Prison, and [b] Notation "Bonded" appearing on the copy of the Court's Resolution dated 14 June 1999 addressed to accused-appellant with address at the Provincial jail, Daraga, Albay, which was returned unserved in view of the aforementioned notation; and, (3) INFORM this Court as to who posted the bond for accused-appellant, who approved the bond, and who ordered the release of accused-appellant, if that be the case.

The Provincial Prosecutor of Albay is directed to verify and inform this Court also within five (5) days from receipt hereof whether it is true that accused-appellant Renato Bracia, who was convicted of murder, was granted bail and whether the Provincial Prosecutor or any of his assistants gave his conformity thereto.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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