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[G.R. Nos. 134536-38. October 17, 2000]
PEOPLE vs. ELISEO ALVERO y LORENO
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated OCT 17 2000.
G.R. Nos. 134536-38 (People vs. Eliseo Alvero y Loreno.)
On 25 May 1999 counsel for accused-appellant filed the Appellant's Brief.
On 12 August 1999 the Office of the Solicitor General filed the Appellee's Brief.
On 7 December 1999 counsel for accused-appellant filed a Reply Brief, which the Court noted on 25 January 2000.
On 3 February 2000 the Court received the letter of Mr. Fortunato D. Ursudan, Chief, Administrative Division, Bureau of Corrections, dated 1 February 2000 informing the Court that accused-appellant died on 30 September 1999 due to myocardial infarction. Attached to the letter is a photocopy of an alleged copy on file of the certificate of death of one Eliseo L. Alvero which contains an entry "undetermined" under the subheading Causes of Death below the heading Medical Certificate, and the entry "niyocardial infarction" on the line for cause of death below the heading Postmortem Certificate of Death. Also, there is no entry under the heading Certification of Embalmer.
On 7 March 2000 the Court required the Office of the Solicitor General to comment on the alleged death of accused-appellant.
On 5 April 2000 the Court promulgated its decision in this case affirming the conviction of accused-appellant on three counts of rape and sentencing him to suffer the penalty of death for each count, etc.
On 17 April 2000 the Court received the Comment of the Office of the Solicitor General admitting the fact of death of accused-appellant and interposing no objection to the dismissal of the appeal pursuant to the rule laid down in People v. Bayotas' (236 SCRA 239 [1994], reiterated in People v. Sambulan, 289 SCRA 500 [1998]).
On 26 May 2000 the Court received a letter dated 8 May 2000 from Mr. Joselito A. Fajardo, Assistant Director, Bureau of Corrections, informing the Court that accused-appellant died at the NBP Hospital on 3 September 1999 (although the attached death certificate specifies 30 September 1999 as the date of death) due to myocardial infarction. Attached thereto is a copy of the death certificate of one Eliseo L. Alvero with the entry "undetermined" under the subheading Causes of Death below the heading Medical Certificate. There is no entry on the line for cause of death under the heading Postmortem Certificate of Death. However, there is an entry under the heading Certification of Embalmer showing that the cadaver was embalmed by one Oscar Flores.
In its Resolution of 11 July 2000 the Court required the Office of the Solicitor General to verify the fact of, death of accused-appellant and to submit a report thereon within ten days.
On 15 September 2000 the Office of the Solicitor General submitted its compliance with the Resolution of 11 July. It attached thereto a photocopy of the death certificate of one Eliseo Alvero with the entry "undetermined" under the subheading Causes of Death below the heading Medical Certificate. There is no entry under the heading Postmortem Certificate of Death. However, the entry under the heading Certification of Embalmer found in that submitted by Mr. Fajardo appears therein.
In light of the above discrepancy between the copy of the Death Certificate attached to the compliance of the Office of the Solicitor General and those submitted by Fortunato Ursuban and Asst. Director Joselito Fajardo, the Office of the Solicitor General is hereby DIRECTED to conduct a careful inquiry as to the fact of death of accused-appellant Eliseo Alvero y Loreno and to submit its report thereon within thirty (30) days from notice of this Resolution.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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