G. R. No. L-15776. September 26, 1961
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ADOLFO SAEZ, DEFENDANT-APPELLANT.
Decisions / Signed Resolutions September 26, 1961 DIZON, J.:
DIZON, J.:
In our resolution of May 12, 1961 we required the Solicitor General
to file, within ten days from notice, an answer to the motion for
reconsideration and/or new trial filed by appellant. After notice of
said order had been served on the Solicitor General, we granted two
motions for extension of time to file said answer filed by his office,
the last of which extensions expired thirty days from July 3, 1961. In
his last motion for extension the Solicitor General stated that he
needed more time to prepare the answer because his office had requested
the Chief of the Philippine Constabulary to investigate the alleged
willful suppression by the Constabulary authorities in Davao of the
affidavit or confession of Roman Catian, which constitutes the evidence
allegedly newly discovered by appellant. To this date the Solicitor
General has not filed the required answer.
to file, within ten days from notice, an answer to the motion for
reconsideration and/or new trial filed by appellant. After notice of
said order had been served on the Solicitor General, we granted two
motions for extension of time to file said answer filed by his office,
the last of which extensions expired thirty days from July 3, 1961. In
his last motion for extension the Solicitor General stated that he
needed more time to prepare the answer because his office had requested
the Chief of the Philippine Constabulary to investigate the alleged
willful suppression by the Constabulary authorities in Davao of the
affidavit or confession of Roman Catian, which constitutes the evidence
allegedly newly discovered by appellant. To this date the Solicitor
General has not filed the required answer.
In view of the long lapse of time since the motion for
reconsideration and/or new trial was filed, the Solicitor General is
hereby required to state for the record, within five days from notice
hereof, whether or not he intends to file an answer to said motion.
It is so ordered.
Bengzon, C. J., Padilla, Labrador, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.