[G.R. No. 145194. November 15, 2000]

ROLAN MANLULU Y CASTRO vs. HON. JESUS C. CARBON, JR., et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 15 2000.

G.R. No. 145194 (Rolan Manlulu y Castro vs. Hon. Jesus C. Carbon, Jr. Presiding Judge, RTC Branch 16, Zamboanga City, and the People of the Philippines.)

This petition for certiorari seeks the annulment of the order or respondent judge dated June 20, 2000, denying due course to petitioner's notice of appeal, and the order dated August 1, 2000, denying the motion for reconsideration. The pertinent facts follow.

In a decision promulgated on March 6, 2000, petitioner was convicted by respondent judge in Criminal Case No. 16000 of illegal recruitment in large scale, and sentenced to suffer the penalty of life imprisonment and to pay a fine of five hundred thousand pesos (P500,000.00). Petitioner filed a notice of appeal stating that he is appealing the decision to the Court of Appeals. In the first assailed Order, respondent judge denied due course to the notice of appeal on the ground that the Court of Appeals does not have appellate jurisdiction over the case since the penalty imposed is life imprisonment. Respondent judge cited SC Circular No. 2-90 dated March 9, 1990 which states, in sum, that no transfers of appeals erroneously taken to the Supreme Court or to the Court of Appeals shall be allowed. Petitioner filed a motion for reconsideration and for leave to admit his amended notice of appeal. This was denied by respondent judge in the second assailed order. Petitioner, thus, is now before this Court alleging that respondent judge committed grave abuse of discretion.

Considering the gravity of the penalty imposed, respondent judge should have allowed the amendment of the notice of appeal and given due course thereof, so as to unduly foreclose petitioner's right to appeal his conviction.

WHEREFORE, the petition is GRANTED. The assailed orders of June 20, 2000 and August 1, 2000 are ANNULLED and SET ASIDE. Respondent judge is directed to give due course to petitioner's amended notice of appeal.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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