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[UDK 12848. January 29, 2001]
PEOPLE vs. CIRIACO MORANTE, et al.
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JAN 29 2001.
UDK 12848 (People of the Philippines vs. Ciriaco Morante, Feliciano Morante (At Large), Romulo Borer, Iluminada Borer (Aquitted), Ciriaco Morante and Romulo Borer.)
May the Supreme Court automatically review a trial court's decision convicting the accused of murder and sentencing him to reclusion perpetua even without filing a notice of appeal from said decision?
No, the Court can not review en consulta a decision sentencing an accused to reclusion perpetua without his filing a notice of appeal. 1 Garcia vs. People, 318 SCRA 434 [1999].
On June 25, 1993, the provincial prosecutor of Leyte charged accused with murder for the killing of Loreto Verzosa. The information reads:
"The undersigned Provincial Prosecutor of Leyte accused Ciriaco Morante, Feliciano Morante, Romulo Borer and Iluminada Borer of the crime of murder committed as follows:
"That on or about the 4th day of May 1993, in the Municipality of Alang-alang, Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the above named accused with deliberate intent to kill and with treachery, conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously attack, assault, shoot, hack and wound one Loreto Versoza with the use of homemade guns and a long bolo which the accused provided themselves for the purpose, thereby causing his death." 2 Rollo , p. 19.
After due trial, on September 20, 1999, the trial court 3 Regional Trial Court, Tacloban City, Branch 9.rendered a decision disposing as follows:
"WHEREFORE, all premises considered, there being no sufficient evidence of conspiracy on the part of accused ILLUMINADA BORER as having participated in the killing of Loreto Versoza, said accused ILLUMINADA BORER is AQUITTED of the crime charged.
"Accused ROMULO BORER and CIRIACO MORANTE having been found GUILTY beyond reasonable doubt of the crime of MURDER are hereby sentenced to suffer a penalty of RECLUSION PERPETUA.
"Accused Romulo Borer and Ciriaco Morante are further ordered to indemnify jointly and severally the heirs of Loreto Versoza the amount of FIFTY THOUSAND PESOS (P50,000.00) representing the death of the said victim, THREE THOUSAND PESOS (P3,000.00) for funeral expenses and TEN THOUSAND PESOS (P10,000.00) for moral damages.
"Accused Romulo Borer and Ciriaco Morante are credited the term of their detention in accordance with law.
"No pronouncement as to cost." 4 Rollo, p. 31, Criminal Case No. 93-06388.
On November 11, 1999, branch clerk of court Jose B. Lagado forwarded the entire record of the case to the Supreme Court, with a letter which reads:
"The above entitled case being on automatic appeal thereto under Section 3(c), Rule 122 of the Rules of Court, I am respectfully forwarding the entire records of the above stated case together with the following, to wit: xxx" 5 Rollo, p. 2.
On June 16, 2000, we required the branch clerk of court of the trial court to inform us if the accused filed a notice of appeal in Criminal Case No. 93-06388 or made an oral manifestation to appeal from the judgment of conviction. 6 Rollo , p. 33.
In a letter dated June 28, 2000, Jose B. Lagado, branch clerk of court of the trial court explained that the case was elevated to the Supreme Court on automatic appeal considering the penalty imposed. 7 Rollo, p. 35.
On September 4, 2000, we issued an order requiring the branch clerk of court of the trial court to manifest whether the accused made an oral notice of appeal or filed a written notice of appeal since an appeal from a sentence of reclusion perpetua is not automatic and explain why there is a final commitment order if appeal was taken. 8 Rollo , p. 37.
In a letter dated October 6, 2000, branch clerk of court Jose B. Lagado manifested that:
"This representation is of the humble belief that the appeal was made orally as could probably be verified from the Order of this Court dated October 21, 1999 ( p. 207, Records)
"That on September 21, 1999 a Commitment of Final Sentence was issued by this Court per request of the Leyte Provincial Jail, Kauswagan, Palo, Leyte which they need for transporting the detention prisoner to the New Bilibid Prisons, Muntinlupa City in accordance with their Standard Operating Procedures." 9 Rollo , p. 39.
The record, however, is bereft of any indication that accused appealed from the judgment of conviction either orally or in writing. The order reads:
"Considering that Iluminada Borer is a detention prisoner, she being acquitted, her immediate release is hereby ordered. Insofar, as the two other accused are concerned, let a commitment order be issued.
"SO ORDERED." 10 Record, p. 205.
In Garcia vs. People of the Philippines, 11 318 SCRA 434 [1999], citing People vs. Lasanas, 152 SCRA 27 [1987]; People vs. Lapaz, 171 SCRA 539, 548 [1989]; People vs. Almenario, 172 SCRA 269 [1989]; People vs. Petalcorin, 180 SCRA 685, 690 [1989]; People vs. Fernandez, 186 SCRA 830 [1990]; People vs. Hernandez, 205 SCRA 212 [1992]; People vs. Redulosa, 255 SCRA 279 [1996].we said that it is only in cases where the penalty actually imposed is death that the trial court must forward the records of the case to the Supreme Court for automatic review of the conviction.
Since accused did not filed a notice of appeal or otherwise indicate their desire to appeal from the decision convicting them of murder and sentencing each of them to reclusion perpetua, the decision has become final and unappealable.
IN VIEW WHEREOF, let the records of Criminal Case No. 93-06-388 be returned to the court of origin. The Court further orders the immediate transfer of the two (2) accused from the provincial jail of Leyte to the New Bilibid Prisons, Muntinlupa City. The Director of Corrections shall report to this Court on confinement of the two (2) accused at the New Bilibid Prisons immediately on receiving custody of their persons at the State Penitentiary.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court
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