GR 91483; (February, 1998) (Digest)
G.R. No. 91483 February 27, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SAMUEL MAHUSAY y FLORES and CRISTITUTO PASPOS @ “Toto” y CATARIG, accused-appellants.
FACTS
Accused-appellants Samuel Mahusay and Cristituto Paspos were charged with robbery with rape before the Regional Trial Court of Naval, Subprovince of Biliran, Leyte. After trial, the lower court found them guilty beyond reasonable doubt on November 7, 1989. They filed a notice of appeal. On November 18, 1997, the Supreme Court rendered a decision dismissing the appeal and affirming the trial court’s decision with modification, sentencing each appellant to three terms of reclusion perpetua and ordering them to indemnify the victim, Maria Luisa Bughao, P50,000.00 each. However, on December 29, 1997, an Action Officer sought clarification regarding the penalty imposed on Mahusay. The records revealed that Mahusay had filed an urgent motion to withdraw his appeal on May 12, 1995, which was granted by the Supreme Court in a resolution dated July 17, 1995. An entry of judgment was made on September 7, 1995, and the letter of transmittal was sent on April 18, 1996.
ISSUE
Whether the Supreme Court’s decision of November 18, 1997, which included Samuel Mahusay, should be modified in light of the prior withdrawal of his appeal and the entry of judgment.
RULING
Yes. The Supreme Court resolved to modify the dispositive portion of its November 18, 1997 decision. The modification pertained solely to appellant Samuel Mahusay, whose appeal had already been withdrawn and for whom an entry of judgment had been made prior to the promulgation of the said decision. Accordingly, the modified dispositive portion dismissed the appeal and affirmed the trial court’s decision finding appellant Cristituto Paspos guilty beyond reasonable doubt of robbery with rape, with the modification that he shall suffer three terms of reclusion perpetua and indemnify Maria Luisa Bughao in the amount of P50,000.00. The penalty and indemnity pertaining to Samuel Mahusay were no longer included in the modified ruling.