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[G.R. No. 131037. July 28, 2004]

PEOPLE vs. MACANDOG

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 28 2004.

G.R. No. 131037 ( People of the Philippines vs. Nestor Macandog.)

RESOLUTION

Before this Court is an appeal by Nestor Macandog from the decision of the Regional Trial Court of Legazpi City, Branch 3, promulgated on December 27, 1996, finding him guilty of the crime of frustrated murder and sentencing him to suffer imprisonment for six years and one day of prision mayor as minimum to twelve years and one day of reclusion temporal as maximum. The fallo of the assailed decision reads:

WHEREFORE, in view of the foregoing considerations, this Court finds accused EDDIE MACANDOG and NESTOR MACANDOG GUILTY BEYOND REASONABLE DOUBT of the crime of FRUSTRATED MURDER as charged in Criminal Case No. 5985. Accused NESTOR MACANDOG is therefore hereby sentenced to suffer taking into consideration the mitigating circumstance of voluntary surrender, to (sic) an indeterminate penalty ranging from six (6) years and one (1) day of prision mayor as minimum to twelve (12) years and one (1) day of reclusion temporal as maximum. With respect to accused EDDIE MACANDOG, no mitigating or aggravating circumstance having been appreciated for or against him, he is hereby sentenced to an indeterminate penalty ranging from eight (8) years and one (1) day of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum. Both accused are ordered to indemnify the victim Emilio Ativo the amount of P55,000.00 as hospitalization and medical expenses incurred by Emilio Ativo for the injuries suffered by him and the amount of 820,000.00 representing loss of income in consequence thereof as a famer.

Likewise, this Court finds both accused EDDIE MACANDOG AND NESTOR MACANDOG GUILTY BEYOND REASONABLE DOUBT of the crime of MURDER as charged in Criminal Case No. 5986 and are hereby sentenced to suffer the penalty of reclusion perpetua....

SO ORDERED. ^[1] cralaw

Nestor Macandog filed two separate notices of appeal with the RTC assailing his conviction for murder and for frustrated murder. His appeal from that portion of the decision convicting him of murder ^[2] cralaw was docketed as G.R. No. 129534 while his appeal from that portion of the same decision convicting him of frustrated murder was forwarded to the Court of Appeals. Pursuant to Section 5, Article VIII of the 1987 Constitution which provides that the Supreme Court shall review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in all criminal cases in which the penalty imposed is reclusion perpetua or higher; and finding that the assailed decision also carried with it the penalty of reclusion perpetua, the Judicial Records Division of the Court of Appeals, on August 7, 1997, forwarded the records of the case to this Court which is the present appeal now under consideration.

This Court had expounded that it shall also review offenses carrying penalties lower than death, reclusion perpetua or life imprisonment, if they were committed on the same occasion as those which carry the abovementioned penalties, ^[3] cralaw

However, the appeal from the decision convicting appellant of frustrated murder was not consolidated with G.R. No. 129534. Thus, on June 6, 2001, the Third Division of this Court rendered its decision in G.R. No. 129534 affirming Nestor Macandog's conviction for murder. The decision became final and executory on July 19, 2001.

WHEREFORE, considering that the decision in Criminal Case No. 5986 which carries the penalty of reclusion perpetua had already been disposed of by this Court, the appeal of Nestor Macandog from the decision of the Regional Trial Court of Legazpi City (Branch 3) finding him guilty of frustrated murder in Criminal Case No. 5985 is REMANDED to the Court of Appeals. Let the original records thereof be FORWARDED to the Court of Appeals for IMMEDIATE appropriate action.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

Endnotes:

[1] cralaw Roll o , p. 47.

[2] cralaw In Criminal Case No. 5986.

[3] cralaw People vs. Ibanez, G.R. No. 133923-24, July 30, 2003 . 407 SCRA 406. 414.

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