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[G.R. No. 126167.February 14, 2001]

PEOPLE OF THE PHILIPPINES vs. VERGARA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 14 2001.

G.R. No. 126167(People of the Philippines vs. Deogracias Vergara, et al.)

For consideration is the urgent motion to withdraw appeal filed by accused-appellant Deogracias Vergara.

Atty. Orlando A. Gonzales, counsel for accused-appellant, filed a manifestation praying that he be relieved from the responsibility of filing the brief for accused-appellants Deogracias Vergara, Domingo Vergara, Alex Vergara, and Magin Vergara, because the son of accused-appellant Deogracias Vergara, Manuel Vergara, and his (Deogracias') wife, Emilia San Juan Vergara, got the records of the case from him and engaged the services of a lawyer from the Public Attorney's Office (PAO). In a subsequent manifestation and motion, Manuel Vergara and Emilia San Juan Vergara, through Atty. Gonzales, informed the Court that accused-appellants terminated the services of the PAO for lack of financial means to defray the expenses of the appeal, that accused-appellants signified their intention to apply for probation, and that they are no Longer interested in pursuing their appeal.

In its comment, the Office of the Solicitor General (OSG) stated that since the penalty imposed for the crime of murder is reclusion perpetua, accused-appellants are not entitled to apply for probation. The OSG further stated that the lack of financial means is not a bar to the filing of an appeal in this case, because the Court can appoint the PAO as counsel de oficio in place of accused-appellant's counsel.

Actually, all four accused-appellants in this case, through their counsel, Atty. Gonzales, filed a motion to withdraw their appeal. Director Pedro G. Sistoza of the Bureau of Corrections and Atty. Roberto R. Sangalang, Chief of the Legal Office of the Bureau of Corrections, in separate communications, dated September 14, 2000, confirmed the voluntariness of the withdrawal of the appeal of three of the accused-appellants, namely, Domingo Vergara, Alex Vergara, and Magin Vergara. In its resolution, dated November 27, 2000, the Court granted the motion to withdraw their appeal and considered the case closed and terminated as to them.

It appears that earlier, on January 18, 1999, even prior to the withdrawal of appeal of the three, Director Sistoza and Atty. Sangalang had confirmed the voluntariness of the withdrawal of the appeal of accused-appellant Deogracias Vergara. The motion to withdraw the appeal has remained unacted upon.

Considering the foregoing, the Court RESOLVED to grant the motion to withdraw the appeal of accused-appellant Deogracias Vergara and consider this case closed and terminated and to simply note the motion of Atty. Orlando A. Gonzales to be relieved from the duty of filing an appellants' brief in behalf of accused-appellants.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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