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[G.R. Nos. 112453-56.November 26, 2001]

PEOPLE vs. LATUPAN

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 26 2001.

G. R. Nos. 112453-56 (People of the Philippines vs. Gerardo Latupan y Sibal alias Jerry.)

On August 25, 1993, the Regional Trial Court, Cagayan, Branch 11, convicted Gerardo Latupan y Sibal, alias Jerry of the complex crime of double murder and sentenced him to "life imprisonment" and to indemnify the heirs of the two victims in the amount of fifty thousand (P50,000.00) pesos each. The trial court also convicted him of inflicting physical injuries to Jaime Asuncion and sentenced him to "ten days imprisonment" and to pay two hundred (P200.00) pesos as indemnity.

Upon receipt of the decision, accused Latupan seasonably filed a notice of appeal.

On February 7, 1994, the Supreme Court issued a resolution accepting the appeal. ¹ Rollo, p. 19. Thereafter, on February 18, 1994, the Court issued a notice to file appellant's brief. ² Rollo, p.21.

On May 26, 1994, the Court received the brief for accused-appellant Gerardo Latupan. ³ Rollo, p. 33. On September 21, 1994, the Solicitor General filed an appellee's brief for the People of the Philippines. ⁴ Rollo, p. 48.

On May 13, 1996, the Court resolved to dispense with the filing of a reply brief, it appearing that accused-appellant failed to file said brief. ⁵ Rollo, p. 59.

On May 16, 2000, accused-appellant Latupan filed with the Court a motion to withdraw his appeal.

We deny the motion.

In the Supreme Court, the withdrawal of an appeal before the filing of the appellee's brief is generally permitted. ⁶ People v. Gatward, 335 Phil. 440, 455 [1997]. However, as held in People v. Belaro, ⁷ 307 SCRA 591 [1999]. after a case has been submitted to the court for decision, the appellant cannot, at his election, withdraw the appeal. ⁸ lbid., at p. 612.

In this case, when appellant filed his motion to withdraw the appeal, both appellant and appellee have filed their respective briefs. Further, the case was deemed submitted for decision in 1996 after the Court resolved to dispense with the filing of the reply brief, upon showing that appellant failed to file a reply brief within the given period. Thus, the case was pending consideration by the Court when accused-appellant subsequently filed a motion to withdraw appeal on May 16, 2000.

On June 28, 2001, the Court promulgated a decision in these cases. ⁹ Rollo, p. 66. In its decision, the Court affirmed with modification the decision of the trial court, convicting accused-appellant Gerardo Latupan y Sibal of two counts of murder and sentencing him to reclusion perpetua in each case, and to indemnify the heirs of Lilia and Jose Asuncion in the amount of P50,000.00 pesos and the amount of P50,000.00 pesos as moral damages in each case. The Court likewise convicted accused-appellant of two counts of slight physical injuries and sentenced him to twenty (20) days of arresto menor, in each case, plus P2,000.00 pesos as indemnity to each of the two victims, Jaime and Leo Asuncion. ¹⁰ Rollo, p. 67.

WHEREFORE, the motion to withdraw appeal is hereby DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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