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[G.R. No. 174061. October 9, 2006]

PEOPLE OF THE PHILIPPINES v. TEODORO SISPON

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated OCT. 9, 2006 .

G.R. No. 174061 (People of the Philippines v. Teodoro Sispon )

In the instant case, the Regional Trial Court, Malaybalay City, Bukidnon Branch 8, found the accused guilty of qualified rape and sentenced him to suffer the penalty of death. Conformably with the ruling of the Court in People v. Mateo, the case was transferred to the Court of Appeals for appropriate action and disposition.

On April 5, 2006, the Twenty First Division of the Court of Appeals, Mindanao Station, Cagayan de Oro City, promulgated its decision with the following dispositive portion:

WHEREFORE, in view of the foregoing, the appealed judgment is hereby AFFIRMED except with the modification that the penalty is hereby reduced to reclusion perpetua . Conformably to the ruling of the Supreme Court, in the case of People of the Philippines versus Efren Mateo Y Garcia, G.R. Nos. 147678-87, July 7, 2004, We refrain from entering judgment, and the Division Clerk of Court is hereby directed to elevate the entire records of the case to the Hon. Supreme Court for its final disposition.

Thus, in a Transmittal Letter dated August 16, 2006 signed by Adeline Ivy Perez.Cid, Records Officer II, Archives & Receiving Sections, Judicial Records Division of the Court of Appeals, the entire records of the case were forwarded to the Supreme Court. Notably, no Notice of Appeal was filed or attached to the records of the case.

Under the amended rules governing the review of death penalty cases, which took effect on October 15, 2004 (per A.M. No. 00-5-03-SC), particularly Rule 124, Section 13 thereof, provides that:

Sec. 13. Certification or appeal of case to the Supreme Court- (a) Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review.

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(c) In cases where the Court of Appeals imposes reclusion perpetua , life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.

THEREFORE, let the records of this case be REMANDED to the Court of Appeals for appropriate action in accordance with Rule 124 of the Revised Rules of Criminal Procedure, as amended.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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