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[G.R. No. 133648. October 17, 2000]

PEOPLE vs. MARLENE CASTRO y HAVOC

EN BANC

Gentlemen:

Quoted hereunder, for your Information, is a resolution of this Court dated OCT 17 2000.

G.R. No. 133648 (People of the Philippines v Marlene Castro y Havoc.)

For consideration is the request of Director Pedro G. Sistoza of the Bureau of Corrections for authority to refer accused-appellant Marlene (also spelled "Mariene") Castro y Havoc to the National Center for Mental Health for evaluation and possible confinement thereat on the ground that the Center is better equipped for the same. Accused-appellant is at present confined at the Correctional Institution for Women in Mandaluyong, having been sentenced to death for killing her six year old daughter.

The Solicitor General interposes no objection to Director Sistoza's request, noting that, under the Bureau of Corrections Operating Manual, the Director of the Bureau of Corrections or Superintendent of a prison is authorized to take prisoners for treatment or examination to outside hospitals provided that the prisoner is escorted by guards and accompanied by a medical officer. The medical officer of the Correctional Institution for Women, Dr. Lenida M. Anchinges, recommends accused-appellant's evaluation and possible confinement at the National Center for Mental Health in view of the danger she poses to the safety of other inmates.

In People v. Parazo, 310 SCRA 146 (1999), the Court. allowed the accused to be examined at the UP-PGH Medical Center in Manila to determine the veracity of claims that he was deaf-mute and retarded. Upon verification of the claim, the Court directed the accused's re-arraignment and retrial with the assistance of counsel and a competent sign language expert.

Both Director Sistoza and Superintendent Rachel D. Ruelo of the Correctional Institution for Women recommend that the mental examination of accused-appellant be conducted at the National Center for Mental Health considering the facilities available in that institution.

Considering the foregoing, the Court RESOLVED to AUTHORIZE the mental examination of accused-appellant Marlene Castro y Havoc at the National Center for Mental Health, Mandaluyong City under adequate security measures to determine whether she should be confined at said Center.

Pending receipt of the results of the examination and recommendation of the National Center for Mental Health, resolution of the request to transfer the confinement of accused appellant to the aforesaid Center is hereby held in abeyance. For this reason, Director Pedro G Sistoza of the Bureau of Corrections is DIRECTED to report to the Court the results of such examination within ten (10) days from the release of the results.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Clerk of Court

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