SPECIAL SECOND DIVISION
[G.R. No. 223833. December 11, 2019.]
JOSHUA CASANAS y CABANTAC A.K.A. JOSHUA GERONIMO y LOPEZ, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution dated11 December 2019which reads as follows:
"G.R. No. 223833 (Joshua Casanas y Cabantac a.k.a. Joshua Geronimo y Lopez v. People of the Philippines)
On December 11, 2017, the Court rendered a Decision 1 dismissing Criminal Case No. 874-V-12 filed before the Regional Trial Court of Valenzuela City, Branch 269 against petitioner Joshua Casanas y Cabantac a.k.a. Joshua Geronimo y Lopez (petitioner) on the ground of lack of jurisdiction, without prejudice to its re-failing in the proper court having territorial jurisdiction over the case.
Subsequently, or on February 2, 2018, petitioner, through the Public Attorney's Office, filed a Motion for Issuance of Order of Release 2 (MIOR) praying that the Bureau of Corrections be directed to immediately release him. When directed to file its comment, the Office of the Solicitor General submitted that the issuance of a release order is premature, considering that an Entry of Judgment is yet to be issued. Upon verification, however, no Entry of Judgment has been issued in light of the pendency of the said MIOR filed by petitioner. It would appear, therefore, that this case has reached a stalemate and the pending incidents would remain unresolved. HTcADC
Considering that no motion for reconsideration of the Court's Decision has been filed, the Court forthwith directs the issuance of an Entry of Judgment relative to Our Decision in this case. Thereafter, the Director of the Bureau of Corrections is ordered to cause his immediate release, unless he is being lawfully held in custody for any other reason.
SO ORDERED. (Delos Santos, J., designated Additional Member vice Carpio, J. [ret], pursuant to Section 8, Rule 2 of the IRSC, as amended.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 136-144.
2.Id. at 145-147.