G.R. No. 94594. March 29, 1996.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO REDULOSA alias MICMIC SOLON and ROSELO CARTON, accused-appellants.

FACTS

Accused-appellants Romeo Redulosa and Roselo Carton were convicted by the Regional Trial Court of Cebu City for the crime of Kidnapping for Ransom with Murder and sentenced to death. The conviction stemmed from the December 3, 1981 kidnapping of nine-year-old Christopher Jason Tan. The prosecution established that after a failed ransom payment, the boy was killed and his body was later discovered in an advanced state of decomposition. Redulosa, a cousin of the victim’s mother, was implicated through an extra-judicial confession and the testimony of an alleged co-conspirator, Noel Tano. The trial court rendered its judgment before the effectivity of the 1987 Constitution, which prohibited the death penalty.
Subsequently, appellant Redulosa filed a Motion to Withdraw Appeal. Both his counsel and the Solicitor General supported the motion, urging its approval by the Supreme Court.

ISSUE

Whether appellant Romeo Redulosa may validly withdraw his appeal, and what the legal effect of such withdrawal would be given the constitutional prohibition on the death penalty.

RULING

Yes, the appeal may be withdrawn. The Supreme Court granted the motion and dismissed the appeal. The legal logic proceeds from two key principles. First, an appellant possesses the right to withdraw an appeal, subject to the Court’s approval. This right is inherent and is recognized under procedural rules, analogous to the provision in Rule 122, §12 of the Revised Rules on Criminal Procedure for withdrawals in lower courts.
Second, and decisively, the withdrawal must be considered in light of the constitutional mandate. The 1987 Constitution, effective February 2, 1987, prohibits the imposition of the death penalty. Since the trial court’s death sentence was imposed prior to this date, the penalty must be reduced to reclusion perpetua upon the finality of the judgment. This commutation is mandatory and applies regardless of the procedural posture of the appeal. The subsequent reimposition of the death penalty under Republic Act No. 7659 (effective December 31, 1993) does not apply retroactively to crimes committed before its effectivity, as confirmed by jurisprudence and the intent of the Constitutional Commission. Therefore, allowing the withdrawal simply brings finality to a judgment where the executable penalty is constitutionally mandated to be reclusion perpetua. The case was remanded to the trial court for execution of the modified judgment.