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[G.R. No. 144221.February 19, 2001]

PEOPLE vs. CERVANTES

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 19 2001.

G.R. No. 144221(People of the Philippines vs. Christopher Cervantes.)

In the transmittal-letter dated August 8, 2000 of the Judicial Records Division of the Court of Appeals (p. 2, Rollo), it stated that the records of the trial court were "erroneously forwarded" to the Court of Appeals "considering that the penalty imposed upon the accused-appellant is RECLUSION PERPETUA." Thus, in the Resolution dated December 13, 2000, this Court accepted the appeal of accused-appellant Christopher Cervantes "(C)onsidering that the records of this case were forwarded to this Court by the Court of Appeals x x x" (pp. 42-43, Rollo). However, a close scrutiny of the records would show that the trial court's Decision dated April 25, 2000 (pp. 18-33, Rollo) which sentenced accused-appellant to reclusion perpetua was modified in the Order of May 10, 2000 (pp. 34-39, Rollo) wherein the trial court reduced the penalty to reclusion temporal maximum. Accused-appellant filed a Notice of Appeal (p. 40, Rollo) with the trial court appealing the latter's decision to the Court of Appeals. Considering that the appeal to this Court was erroneously accepted, the Court RESOLVES to RECALL its Resolution dated December 13, 2000 and ORDER the REMAND of the original records to the Court of Appeals where the appeal was appropriately interposed. The Judicial Records Division of the Court of Appeals is hereby advised to be more careful and diligent in the transmittal of judicial records to prevent a similar mistake, so as not to unduly delay the administration of justice.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON
Clerk of Court

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