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[UDK-13038.July 22, 2002]

PEOPLE vs. PEDRO HUMBID y BANGALAO

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 22 JUL 2002.

UDK-13038(People of the Philippines vs. Pedro Humbid y Bangalao alias Pedring.)

On August 1, 2001, the Regional Trial Court of Davao City (Branch 15) forwarded to this Court the original records of Criminal Case No. 41,128-98 in connection with the alleged appeal of accused-appellant Pedro Humbid y Bancalao, who was sentenced to suffer the penalty of reclusion perpetua for the crime of murder. It appears, however, that no notice of appeal was filed by accused-appellant. In a letter dated April 29, 2002, Rose Marie T. Cabaguio, Clerk of Court V, Regional Trial Court of Davao City, explained that the original record of the case was forwarded to this Court on automatic appeal, the judgment rendered being reclusion perpetua. Considering that only decisions imposing death penalty are subject of automatic review under Section 3(d), Rule 122, Rules of Criminal Procedure, there is no automatic appeal in cases where the accused is sentenced to suffer the penalty of reclusion perpetua. Consequently, the forwarding of the original records of Criminal Case NO. 41,128-98 to this Court by the Regional Trial Court of Davao City (Branch 15) is not warranted and without any legal basis.

WHEREFORE, the original records of Criminal Case No. 41,128-98, entitled "People of the Philippines vs. Pedro Humbid y Bancalao" is ordered RETURNED to the court of origin.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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