SPECIAL SECOND DIVISION
[G.R. No. 254393. January 18, 2023.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.VIRGILIO CLOTARIO, SR. y DOE, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a ResolutiondatedJanuary 18, 2023which reads as follows: HTcADC
"G.R. No. 254393 — (People of the Philippines v. Virgilio Clotario, Sr. y Doe) — Under Resolution dated June 30, 2021, 1 the Court dismissed the appeal and affirmed with modification appellant Virgilio Clotario, Sr. y Doe's verdict of conviction for the crime of rape. HTcADC
By Manifestation dated December 15, 2021, 2 appellant's counsel informed the Court that appellant Virgilio Clotario, Sr. y Doe with Prison No. N-219P-2707 had died on October 4, 2020. The Certificate of Death, 3 however, indicated the name "Virgilio Pasibe Clotario, Jr." 4 with same prison number as that of appellant. Due to such discrepancy and upon request, the New Bilibid Prison (NBP) furnished appellant's counsel a scanned copy 5 of PDL N-219P-2707's Prison Records indicating therein that appellant's name is Virgilio Clotario, Sr. y Pasibe and "Virgilio Clotario, Sr. y Doe" is his alias.
In compliance with the Court's Resolution dated June 22, 2022, C/INSP Raul B. Sinadjan, Jr., Chief of Inmate Document and Processing Division, Bureau of Corrections, in a letter dated July 28, 2022, 6 confirmed and certified that appellant Virgilio Clotario, Sr. y Pasibe alias Virgilio Clotario, Sr. y Doe is the same person as "Virgilio Pasibe Clotario, Jr.," as indicated in the Certificate of Death duly signed by the NBP Hospital. The discrepancy in the Certificate of Death is due to typographical error, as admitted by the NBP Hospital.
Accordingly, the Court RECALLS and SETS ASIDE the Resolution dated June 30, 2021 in view of death of appellant Virgilio Clotario, Sr. y Pasibe alias Virgilio Clotario, Sr. y Doe/Virgilio Pasibe Clotario, Jr.; DISMISS the criminal case filed against him; and consider this appeal CLOSED and TERMINATED. HTcADC
Let entry of final judgment be issued immediately.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo, pp. 35-40.
2. Id. at 41-42.
3. Id. at 55.
4. Records reflect the suffix name "Sr."
5. Rollo, p. 46.
6. Id. at 60.