People Of The Philippines v. Macasiray

ABAD SANTOS, J.:

Invoking Rule 124, Section 12 of the Rules of Court, the Court of Appeals certified this case to this Court "for final determination." The appellant was found guilty of rape and sentenced to a "prison term ranging from eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and (8) months of reclusion temporal, as maximum; to indemnify the offended party Elisa Malana the amount of P10,000.00 as moral damages, without subsidiary imprisonment in case of insolvency taking into consideration the principal penalty imposed, and to pay the costs," by the Court of First Instance of Cagayan, Branch V. Upon appeal to the Court of Appeals the 5th Division thereof "after a careful and painstaking evaluation of the evidence [found] that appellant is guilty as charged.

"But instead of rendering judgment and imposing a penalty, said court stated. However, since the imposable penalty for the crime of rape is reclusion perpetua (Art. 335 Revised Penal Code, as amended by R.A. 4111), this Court, instead of entering judgment, hereby certifies this case to the Supreme Court for final determination, pursuant to the provision of Section 12, Rule 124 of the Rules of Court." In People of the Philippines vs. Amado Daniel(G.R. No. L-40330), November 20, 1978), this Court, through Chief Justice Fred Ruiz Castro said: "this Court directs that, henceforth, should the Court of Appeals be of the opinion that the penalty of death or reclusion perpetua(life imprisonment) should be imposed in any criminal case appealed to it where the penalty imposed by the trial court is less than the reclusion perpetua, the said Court, with a comprehensive written analysis of the evidence and discussion of the law involved, render judgment expressly and explicitly imposing the penalty of either death or reclusion perpetua as the circumstances warrant, refrain from entering judgment, and forthwith certify the case and elevate the entire record thereof to this Court for review."

WHEREFORE, this case is ordered returned to the Court of Appeals for disposition in accordance with the directive quoted-above. SO ORDERED. Fernando (Chairman), Antonio, Concepcion, Jr., and Santos, JJ., concur. BARREDO,J., I wish to make it of record that I voted with the majority in People vs. Daniel only to complete the number for a judgment, even if I was not in agreement with the opinion of the Chief Justice. My words are stated in a separate opinion in this case. AQUINO,J., I dissent for reasons stated in the Daniel Case. The Court of Appeals in People vs. Lucas Ramos, CA-G.R. No. 17008-CR rendered a decision with complete findings of fact and law. The last paragraph of that decision reads as follows: However, since the imposable penalty for the crime of rape is reclusion perpetua(Art. 335, Revised Penal Code, as amended by R.A. 4111), this Court, instead of entering judgment, hereby this case to the Supreme Court for final determination, pursuant to the provisions of petition 12, Rule 124 of the Rules of Court. The above certification, contained in a decision on the merits of the appeal(as distinguished from a mere resolution), is a sufficient compliance with section 34 of the Judiciary Law and section 12, Rule 124 of the Rules of Court. To require the Court of Appeals to impose the penalty of reclusion perpetua is not necessary and is not within the contemplation of those legal rules.