[G.R. No. 123149. February 19, 2001]

PEOPLE vs. CORNELIO CABUG

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 19 2001.

G.R. No. 123149 (People vs. Cornelio Cabug.)

On June 19, 2000, the Court required the Solicitor General to comment on the urgent motion of accused-appellant Cornelio Cabug to withdraw his appeal and the latter’s counsel, Atty. Rosalio Cariño, to verify the voluntariness of the same.

On July 31, 2000, the Solicitor General filed his comment interposing no objection to the motion. On the other hand, Atty. Cariño informed the Court that he had talked with accused-appellant’s father and siblings, but the latter said they had no knowledge of the matter. Accordingly, in the resolution of December 13, 2000, the Court directed Atty. Cariño to verify the voluntariness of accused-appellant’s motion to withdraw his appeal from accused-appellant himself by personally conferring with the latter at the New Bilibid Prison in Muntinlupa City.

In a telegram, dated February 9, 2001, Atty. Cariño informed the Court that he had written accused-appellant a letter, dated January 29, 2001, directing him to inform the Court whether his motion to withdraw his appeal had been voluntarily made by him by filing with the Court an affidavit to this effect. Atty. Cariño informs the Court that this is the best he could do as accused-appellant’s family is without means to defray expenses for his transportation from Dadiangas West, General Santos City, where he holds office, to the New Bilibid Prison in Muntinlupa City where accused-appellant is incarcerated. Atty. Cariño pleads for the Court to understand his predicament.

Considering the foregoing, the Court RESOLVED to require accused-appellant Cornelio Cabug to affirm within ten (10) days from notice the Urgent Motion to Withdraw Appeal filed by him on April 27, 2000. To ensure that accused-appellant’s compliance with this directive is voluntary and intelligent, the Director of the Bureau of Corrections is hereby directed to provide legal assistance to accused-appellant.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court