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[A.M. No. 00-11-525-RTC.February 11, 2002]

RE: REQUEST FOR TRANSFER OF VENUE OF CRIM. CASE NOS. C-59355, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 11 2002.

A.M. No. 00-11-525-RTC (Re:Request for Transfer of Venue of Crim. Case Nos. C-59355, C-59356, C-59357, and 20063.)

For consideration is a letter-request, dated April 17, 2000, of State Prosecutor Reynaldo L. Lugtu of the Department of Justice for the transfer to Quezon City of the venue of the trial of Criminal Case Nos. C-59355 (for violation of �15, Art. III in relation to �21, Art. IV of R.A. No. 6425, as amended), C-59356 (for violation of P.D. No. 1866), and C-59357 (for violation of �8, Art. II of R.A. No. 6425, as amended), all of the Regional Trial Court, Branch 127, Caloocan City, and Criminal Case No. 20063 (for direct assault), of the Metropolitan Trial Court, Branch 51, Caloocan City. The request is based on the allegations that the accused in said cases belong to the influential Asistio clan of Caloocan City, "the hardcore and loyal supporters" of said family of which might harm the witnesses, and that to ensure the fair and impartial trial of the cases, the trial should be held on neutral ground.

On January 17, 2001, this Court required the presiding judges of RTC, Branch 127 and MeTC, Branch 51 of Caloocan City, the Public Prosecutor of Caloocan City, and the counsel for the accused to comment on the aforesaid request within ten (10) days from notice.

Only Judge Myrna Dimaranan Vidal of RTC, Branch 127, Caloocan City, Judge Eleanor R. Kwong of MeTC, Branch 51, Caloocan City, and the counsel for the accused have complied with the Court's order. A copy of the resolution, dated October 15, 2001 (noting the comment of RTC Judge Vidal) sent to State Prosecutor Reynaldo L. Lugtu, was returned to the Court unserved on the ground that he had resigned.

Considering the foregoing, the Court RESOLVED to (a) NOTE the Comment of MeTC Judge Eleanor R. Kwong and (b) REQUIRE the Chief State Prosecutor, in lieu of State Prosecutor Reynaldo L. Lugtu, to COMMENT within ten (10) days from notice, on the manifestations of the Judges of the RTC and MeTC that the cases filed in their respective courts have either been withdrawn, dismissed, or remanded to the Prosecutor's Office for re-investigation and, for this purpose, to order the Division Clerk of Court to furnish the Chief State Prosecutor with the aforesaid manifestations together with this resolution.

It appearing that despite service on him of the resolution, dated January 17, 2001, requiring him to comment, within ten (10) days from notice, which period expired on March 9, 2001, the City Prosecutor of Caloocan City failed to do so, the Court RESOLVED to REQUIRE the City Prosecutor to SHOW CAUSE why he should not be disciplinarily dealt with or held in contempt for such failure and to COMPLY with the resolution, dated January 17, 2001, both within ten (10) days from notice hereof.

The Court further RESOLVED to REQUIRE the complainant in the aforesaid criminal cases, P/Chief Inspector Rex M. Dela Rosa, Chief of the PNP-CIDG, 1601st Criminal Investigation and Detection Team in Kaunlaran Village, Caloocan City, to COMMENT within ten (10) days from notice on the request for transfer of venue of Criminal Case Nos. C-59355, C-59356, C-59357, and 20063 from the trial courts of Caloocan City to the trial courts of Quezon City.

Very trulyyours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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