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[G.R. No. 146038.February 11, 2002]

PEOPLE vs. DELOS SANTOS

THIRD DIVISION

Gentlemen:

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

G.R. No. 146038(People of the Philippines vs. Marvin Abaca y delos Santos.)

It appears that Judge Vivencio S. Baclig of the Regional Trial Court of Quezon City, branch 77 granted the urgent motion for bail pending appeal filed by accused Marvin Abaca y delos Santos despite having been sentenced to reclusion perpetua.Thus, on September 17, 2001, this Court issued a Resolution directing Judge Baclig to order the cancellation of the bail bond posted by accused and if he is not surrendered within ten (10) days from issuance thereof, to order the forfeiture of his cash bond.Judge Baclig was likewise ordered to submit a report thereon.

In his Report dated November 6, 2001, Judge Baclig stated that he issued an Order on October 15, 2001 cancelling the cash bail bond posted by accused and directing accused to surrender himself within ten (10) days from notice.Copies of the said order were served upon accused and his counsel.However, accused failed to surrender himself within the 10-day period.

Counsel for accused, in his Urgent Manifestation dated November 16, 2001, likewise manifested that "accused has not yet surrendered to the court of origin or to any public authority" and that "accused had long abandoned counsel."

This being the case, the accused is considered to have jumped bail.His appeal to this Court should be dismissed pursuant to Section 8, Rule 124 in relation to Section 1, Rule 125 of the Revised Rules of Criminal Procedure.

WHEREFORE, the appeal of accused Marvin Abaca y delos Santos is hereby DISMISSED and the RTC Decision dated April 25, 2000 is declared final and executory.Let an order be issued for his arrest.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court

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