FIRST DIVISION
[A.M. No. 18-11-245-RTC. January 14, 2019.]
TRANSFER OF RECORDS OF CRIMINAL CASE NO. 2016-1139 PENDING BEFORE THE REGIONAL TRIAL COURT, BRANCH 59, LUCENA CITY, QUEZON, TO THE REGIONAL TRIAL COURT, MUNTINLUPA CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 14, 2019 which reads as follows:
"A.M. No. 18-11-245-RTC (Transfer of Records of Criminal Case No. 2016-1139 pending before the Regional Trial Court, Branch 59, Lucena City, Quezon, to the Regional Trial Court, Muntinlupa City). — Acting on the letter dated October 8, 2018 of Presiding Judge Romeo S. Buenaventura, Regional Trial Court, Branch 59, Lucena City, Quezon, referring for appropriate action Criminal Case No. 2016-1139, entitled "People of the Philippines vs. Brando Obnamia Dela Torre and Ricardo Plopino Macatangay, Jr." considering that accused Brando O. Dela Torre, who is due for arraignment, is confined at the New Bilibid Prison, Muntinlupa City, in connection with another case, the Court resolves:
(1) to NOTE: (a) the aforesaid letter; and (b) the Report dated November 6, 2018 of the Office of the Court Administrator; and
(2) to AUTHORIZE Presiding Judge Romeo S. Buenaventura or his successor to CAUSE the temporary transfer of the records of Criminal Case No. 2016-1139 pending before the Regional Trial Court, Branch 59, Lucena City, Quezon, to the Regional Trial Court, Muntinlupa City, through its Executive Judge, for the conduct of parts of the proceedings thereat pursuant to the guidelines set forth in the Resolution dated April 5, 2016 of the Court En Banc in A.M. No. 15-08-07-SC (Re: Administrative Matter for Agenda Requesting the Transfer of Venue of Pending Case/s Wherein the Accused is Currently Detained at the National Penitentiary by Virtue of a Conviction in Another Case), to wit:
(2.1) Within three (3) days from notice, Presiding Judge Romeo S. Buenaventura or his successor shall cause the transmittal of the case records of Criminal Case No. 2016-1139 to the Executive Judge of the Regional Trial Court, Muntinlupa City, specifying the proceedings to be conducted;
(2.2) Within three (3) days from receipt of the case records, the Executive Judge of the Regional Trial Court, Muntinlupa City, shall immediately cause the raffle of the case among the judges in the station;
(2.3) The judge to whom the subject case will be raffled shall immediately calendar the necessary proceedings to be conducted thereat and shall inquire from the accused Brando O. Dela Torre with the assistance of counsel: (i) whether he was properly informed that the case records have been forwarded to the present court for the conduct of parts of the proceedings within the confines of the New Bilibid Prison, Muntinlupa City; (ii) whether he would agree that the case records will be returned to the Regional Trial Court, Branch 59, Lucena City, Quezon, for further proceedings; and (iii) whether he is willing to waive his right to be present thereat, in recognition of his right to be present at any stage of the proceedings. Should the accused refuse to waive his right to be present, the case shall be archived and the proceedings suspended until the Court shall have adopted the appropriate rules governing the continuation of proceedings where the accused refuses to waive his right to be present. Should the accused waive said right, the assigned Judge of the Regional Trial Court, Muntinlupa City, shall cause the immediate return of the case records to the Regional Trial Court, Branch 59, Lucena City, Quezon, for the continuation of the trial;
(2.4) Whenever the presence of the accused is deemed indispensable, Presiding Judge Romeo S. Buenaventura or his successor shall again transmit the case records to the incumbent Judge of the Regional Trial Court, Muntinlupa City, to which the case was previously assigned, specifying the necessary proceedings to be undertaken, and upon conclusion thereof, the latter Judge shall cause the immediate return of the case records to the Regional Trial Court, Branch 59, Lucena City, Quezon, for the continuation of the trial until the case shall have been submitted for decision;
(2.5) After Presiding Judge Romeo S. Buenaventura or his successor shall have written and signed the decision in the case, he or his successor shall cause the transmittal thereof for its promulgation by the incumbent Judge of the Regional Trial Court, Muntinlupa City, to whom the case was previously assigned; and
(2.6) The incumbent Judge shall immediately calendar the decision for promulgation, and once the promulgation thereof has been completed, shall issue the Certificate of Promulgation and cause the immediate return of the case records to the Regional Trial Court, Branch 59, Lucena City, Quezon.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court