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[G.R. No. 126115.February 6, 2001]

PEOPLE vs. BALGOS

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 6 2001.

G.R. No. 126115(People of the Philippines vs. Alfonso Balgos.)

In our Decision, promulgated on 26 January 2000, we found accused-appellant Alfonso Balgos, alias "Lupog," guilty beyond reasonable doubt of the crime of rape and imposed upon him the supreme penalty of death.On February 2, 2000, accused-appellant received a copy of the said decision.No motion for reconsideration was filed and, as such, the decision became final and executory on February 18, 2000.

On August 29, 2000, the immediate family of accused-appellant, his mother and eight siblings, filed a letter-petition to this Court, through the Office of Associate Justice Leonardo A. Quisumbing, praying that the case of accused-appellant be reviewed against since he is innocent of the crime for which he was convicted. ¹ Rollo, p. 145.In this regard, they claim that accused-appellant's lawyer, Atty. Albert I. Potato, is to blame for accused-appellant's conviction since he was remiss in his duties due to their inability to pay him his legal fees.Furthermore, his immediate family claims that accused-appellant only reached Grade II and, because of this, his legal counsel was able to trick him into putting up the defense of acts of lasciviousness with the promise that the Court will give accused-appellant a light sentence when the fact is that he did not even lay a hand on the victim, Criselle Ilanga Fuentes.In support of their plea to have the instant case reviewed, accused-appellant's immediate family attached to their letter-petition Resolution 2000-012, Series of 2000, of the Sangguniang Barangay of Libas, the barangay where accused-appellant was a former resident, wherein the said council solicited the help of the President of the Republic to have the case of accused-appellant reviewed.In addition, enclosed with the letter-petition is the petition signed by the residents of Barangay Libas imploring this Court to reverse its decision in the instant case on the assertion that accused-appellant is innocent.

Despite the finality of our decision in the instant case, we required the Office of the Solicitor General (OSG) to comment on the letter-petition.On 17 January 2001, the OSG filed the required comment.The OSG stated therein that the conviction of accused-appellant was clearly established by the "simple, concise and cohesive" testimony of the victim.Furthermore, the OSG argued that the instant case has long become final and executory and, in this regard, the request of accused-appellant's immediate family for a review of the case should be denied.

In the interest of justice, we acceded to the pleas of accused-appellant's family and community and endeavored to re-examine our findings.However, after a careful and deliberate review of the records of the instant case, we find that accused-appellant's conviction was clearly established by the evidence on record.

IN VIEW OF THE FOREGOING, the Letter-Petition, dated 29 August 2000, is hereby DENIED.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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