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[A.M. No. 99-2-64-RTC.August 28, 2001]

RE: PETITION FOR CHANGE OF VENUE OF CRIM. CASE NO. 36-1605

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 28 2001.

A.M. No. 99-2-64-RTC(Re: Petition for change of Venue Criminal Case No. 36-1605.)

This is a petition for change of venue, dated January 21, 1999, of Criminal Case No. 36-1605 entitled "People v. Ricardo Tobias" (for Murder) from the Regional Trial Court, Branch 36, Santiago City to the Regional Trial Court of Muntinlupa City.

In the resolution of March 16, 1999, the Court required the public prosecutor, the Judge of Branch 36, and the accused to comment on the petition. Provincial Prosecutor Anthony Foz and Judge Fe Albano Madrid, pairing judge of Branch 36, filed their manifestation and comment, but counsel for the accused, Atty. Victor I. Padilla, failed to comply with the aforesaid resolution. For this reason, Atty. Padilla was required to show cause why no disciplinary measures should be imposed on him. On July 26, 2031, Atty. Padilla explained that he had already withdrawn as counsel for the accused on January 17, 2001.

It appears that accused Ricardo Tobias was separately charged with and convicted of Qualified Illegal Possession of Firearms by the Regional Trial Court, Branch 21, Santiago City and sentenced to "life imprisonment." On appeal, his conviction was affirmed by the First Division of this Court on January 30, 1997 with the modification that accused-appellant suffer the penalty of reclusion perpetua. The decision became final on July 14, 1997. The warden of the provincial jail of Isabela, however, deferred the transfer of accused-appellant to the National Bilibid Prisons (NBP) in view of the pendency of Criminal Case No. 36-1605. Consequently, the Third Division of this Court, in its resolution of January 18, 1999, directed Judge Efren Lamorena (presiding judge of Branch 36) to commit the accused to the NBP in Muntinlupa City and to transmit the records of Criminal Case No. 36-1605 to the Regional Trial Court, Branch 276, Muntinlupa City. In compliance thereto, accused Tobias was transferred to the NBP on April 17, 1999 while the records of Criminal Case No. 36-1605 were transmitted to Branch 276 on February 10, 1999.

In view of the foregoing, the instant petition for change of venue is DISMISSED for having become moot and academic.

Very truly yours,

LUZMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D.VILLARAMA

Asst. Clerk of Court

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