FIRST DIVISION
[A.M. No. 14-09-299-RTC. January 12, 2015.]
RE: REFERRAL OF PROCEEDINGS IN CRIM. CASE NOS. 137 & 138-2011FC, INVOLVING N.B.P. PRISONER AUGUST CEASAR TARROSA & PENDING BEFORE THE RTC-BR. 73, OLONGAPO CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 12, 2015which reads as follows:
"A.M. No. 14-09-299-RTC (Re: Referral of Proceedings in Crim. Case Nos. 137 & 138-2011FC, Involving N.B.P. Prisoner August Ceasar Tarrosa & Pending Before the RTC-Br. 73, Olongapo City). — The Court resolves to NOTE:
1. The letter dated 21 May 2014 of Judge Norman V. Pamintuan of the Regional Trial Court (RTC) of Olongapo City, Branch 73, referring the matter of the appearance of National Bilibid Prison (NBP) prisoner August Ceasar Tarrosa before the court to testify for his defense; and
2. The Report dated 29 August 2014 of the Office of the Court Administrator (OCA).
After deliberating on the recommendation of the OCA, the Court resolves to approve it with modification.
Judge Pamintuan is hereby AUTHORIZED to cause the transmittal of the records of Criminal Case Nos. 137-2011FC and 138-2011FC, People of the Philippines v. August Ceasar Tarrosa, to the Executive Judge of the RTC of Muntinlupa City for the conduct of the proceedings therein under the following guidelines:
1. The transmittal of the records of the cases to the Executive Judge of the RTC of Muntinlupa City shall be made within three days from notice hereof.
2. The raffle of the cases among the judges in the station shall be made by the Executive Judge of the RTC of Muntinlupa City within three days from receipt of the records.
3. The judge to whom the cases are raffled shall immediately calendar the case for hearing within the premises of the NBP at all times.
4. The judge shall inform the accused, with the assistance of counsel, that the records of the cases have been forwarded to the judge for the conduct of proceedings.
5. The judge shall conduct the proceedings that require the appearance of the accused, particularly the taking of his testimony.
6. Should further proceedings without the appearance of the accused be necessary, the judge shall inquire, with the assistance of counsel, whether the accused is willing to waive his right to be present therein.
7. In case the accused insists on his right to be present in further proceedings of the cases, the judge shall immediately cause the return of the records of the cases to the RTC of Olongapo City, Branch 73, for archiving.
8. In case the accused waives his right to be present in further proceedings of the cases, the judge shall immediately cause the return of the records of the cases to the RTC of Olongapo City, Branch 73, for continuation of trial until the cases shall have been submitted for decision.
9. After the decisions are written and signed, the RTC of Olongapo City, Branch 73, shall transmit them together with the records of the cases, to the pertinent judge of the RTC of Muntinlupa City for the promulgation of judgment.
10. The judge shall immediately calendar the cases for the promulgation of judgment and issue the certificates of promulgation of judgment after completion thereof.
11. The judge shall thereafter cause the return of the records of the cases to the RTC of Olongapo City, Branch 73.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court