People v. Collado y Dayot

G.R. No. 242208 (Notice)

This is a civil case, People of the Philippines v. Judith Collado y Dayot, decided by the Third Division of the Supreme Court on January 13, 2020. The Court issued a resolution ordering the Division Clerk of Court of the Court of Appeals (CA) to comment on the absence of the signature of Associate Justice Tita Marilyn Payoyo-Villordon on the original copy of the June 29, 2018 CA Decision. The CA Decision was not signed by all members of the Division, which is required by Section 11 of Batas Pambansa Blg. 129, as amended, and Section 10, Rule VI of the Internal Rules of the CA. The Division Clerk of Court was also ordered to forward a certified true copy of the CA Decision from the offices of the CA Court Reporter, Information and Statistical Data Division, and Judicial Records Division, within a non-extendible period of ten (10) days from notice.

ADVERTISEMENT

THIRD DIVISION

[G.R. No. 242208. January 13, 2020.]

PEOPLE OF THE PHILIPPINES, petitioner, vs.JUDITH COLLADO y DAYOT, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedJanuary 13, 2020, which reads as follows:

"G.R. No. 242208 (People of the Philippines v. Judith Collado y Dayot) — A perusal of the Court of Appeals (CA) records in CA-G.R. CR-HC No. 01675-MIN forwarded to this Court shows that the original June 29, 2018 Decision 1 was not signed by Associate Justice Tita Marilyn Payoyo-Villordon. Section 11 of Batas Pambansa Blg. 129, as amended, requires the unanimous vote of the three members of the Division for the pronouncement of a decision. In connection, Section 10, Rule VI of the Internal Rules of the CA requires the court to compose a special division of five members when the unanimous vote of the members of the Division cannot be attained. HTcADC

Accordingly, Atty. Joy Marie Badal-Pamisa, Division Clerk of Court, 21st Division, Cagayan De Oro City, is hereby ORDERED to comment on the absence of the signature of Associate Justice Tita Marilyn Payoyo-Villordon on the original copy of the June 29, 2018 Decision attached to the records forwarded to this Court, within a non-extendible period of ten (10) days from notice. Atty. Badal-Pamisa is also ORDERED to forward a certified true copy of the CA Decision in CA-G.R. CR-HC No. 01675-MIN from the offices of the CA Court Reporter, Information and Statistical Data Division, and Judicial Records Division, within the same non-extendible period to comment.

SO ORDERED."

Very truly yours,

(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court

 

Footnotes

1. CA rollo, pp. 124-135.

 

RECOMMENDED FOR YOU