[G.R. No. 131647. July 10, 2000]

PEOPLE OF THE PHILS. vs. ROMMEL FLORES, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 10 2000.

G.R. No. 131647 (People of the Philippines vs. Rommel Flores, et al.)

For resolution is a motion to withdraw appeal filed by accused-appellant in this case. Accused-appellant Rommel Flores, together with Bebie Cabiros, were charged with robbery with homicide. The information against them alleged -

That on or about the 10th days of August 1995 at about 10:30 o'clock P.M., in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, armed with a gun conniving and confederating together and mutually helping each other, with deliberate intent, with intent to kill, did then and there attack, assault and use personal violence upon one Jose Jonnifer Maranga, by shooting him with the said gun, thereby inflicting upon said Jose Jonnifer Maranga the following injuries, causing:

SHOCK, SECONDARY TO MULTIPLE GUNSHOT WOUND, FACE, NECK AND CHEST.

and as a consequence of which Jose Jonnifer Maranga died instantaneously, and on the occasion thereof or in connection therewith, with intent of gain and without the consent of said Jose Jonnifer Maranga, did then and there, take, steal and carry away the following:

a) One (1) gold necklace worth .............P 6,000.00

b) One (1) Diver's wrist watch .............15,000.00

c) One (1) Diamond ring .................20,000.00

d) One (1) Wedding ring ................3,000.00

e) One (1) Rayban eyeglass ...............2,000.00

f) Cash ........................3,000.00

with the total amount of P49,000.00, to the damage and prejudice of said Jose Jonnifer Maranga, the owner thereof in the amount of P49,000.00, Philippine Currency.

CONTRARY TO LAW.

Upon arraignment, accused-appellant Rommel Flores pleaded not guilty, whereupon trial ensued. His co-accused Bebie Cabrios had escaped and could not be found. After trial, the Regional Trial Court, Branch 18, Cebu City, found accused-appellant guilty and sentence him as follows:

WHEREFORE, in view of all the foregoing considerations, JUDGMENT is hereby rendered convicting accused Rommel Flores of the crime of Robbery With Homicide and accordingly, he is hereby imposed to suffer the penalty of RECLUSION PERPETUA. The accused is further directed to indemnify the private complainant the sum of FIFTY THOUSAND (P50,000.00) PESOS for the death of Jose Jonnifer Maranga and the sum of TWENTY-NINE THOUSAND (P29,000.00) representing the value of the unrecovered items plus P1,087.50 which is the amount she paid in redeeming the pawned diamond ring worth P20,000.00 was recovered from the pawnshop.

Let separate proceedings be conducted as against BEBIE CABIROS as soon as he is brought within the ambit of law.

Accused-appellant, through his counsel, then brought this appeal. On December 8, 1999, the motion to withdraw filed by accused-appellant's counsel was granted and the Public Attorney's Office (PAO) was appointed in his stead. On February 7, 2000, the PAO filed a Notice of Appearance. However, on February 8, 2000, the PAO received a letter, dated February 7, 2000, form accused-appellant stating his desire not to pursue his appeal and instead serve his sentence and, for this purpose, seeking its assistance in withdrawing his appeal. On February 8, 2000, the PAO issued a certification confirming accused-appellant's conformity to withdraw his appeal which was duly signed and thumbmarked. On February 22, 2000, the PAO received a letter, dated February 18, 2000, from accused-appellant thanking the PAO for its assistance.

The Office of the Solicitor General interposed no objection to accused-appellant's motion to withdraw his appeal. On the other hand, the PAO filed a manifestation praying that the resolution, dated April 5, 2000, noting and granting its appearance as counsel of accused-appellant be set aside.

Considering the foregoing, the Court RESOLVED to GRANT accused-appellant Rommel Flores' motion and to DISMISS his appeal. As prayed for by the Public Attorney's Office, the resolution, dated April 5, 2000, noting and grating its appearance as counsel of accused-appellant is hereby SET ASIDE.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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