G.R. NO. 173797 - PEOPLE OF THE PHILIPPINES, VS. EMMANUEL ROCHA ALIAS "NOPOY" AND RUEL RAMOS ALIAS "AWENG," ACCUSED-.

Ruling

WHEREFORE, the accused ROMEO TRUMPETA y AGUAVIVA, EMMANUEL RIOCHA y YEBAN, RUEL RAMOS y ALCOBER and EUSTAQUIO CENITA y OMAS-AS, are found GUILTY of the crime of Robbery With Homicide as charged, the prosecution having proven their guilt beyond reasonable doubt. In accordance with Article 294 of the Revised Penal Code, paragraph 1 thereof, all of the above-named accused are sentenced to suffer the penalty of reclusion perpetua with all the accessory penalties attendant thereto. They could have been sentenced to death but for the fact that the death penalty was suspended, then the crime was committed. [2] In addition, all the accused are jointly and severally ordered to pay the heirs of deceased Roger Tarroquin and Tito Henares P50,000.00 each, respectively. Further, all the accused are jointly and severally ordered to indemnify the Bank of the Philippine Islands the sum of P1,600,000. With costs against the accused. [3] Trumpeta, Cenita and accused-appellants appealed to this Court. On 13 September 1999, however, Trumpeta filed an Urgent Motion to Withdraw Appeal, [4] which was granted by this Court on 11 October 1999. [5] On 29 May 2001, Cenita filed his own Urgent Motion to Withdraw Appeal, [6] which was granted by this Court on 15 August 2001. [7] On 25 August 2004, pursuant to the Decision of this Court in People v. Mateo, [8] we transferred the case to the Court of Appeals. On 31 March 2006, the Court of Appeals promulgated its Decision [9] in CA-G.R. CR H.C. No. 01765 affirming with clarification the Decision of the RTC, thus: Wherefore, the appealed Decision is AFFIRMED with CLARIFICATION. Appellants Emmanuel Rocha @ "Nopoy" and Ruel Ramos @ "Aweng" are found guilty as co-principals in the crime of Robbery with Homicide and each is hereby sentenced to suffer the penalty of reclusion perpetua. Each one of them is ordered to pay civil indemnity in the amount of [Fifty Thousand Pesos] (P50,000.00) each to the heirs of Roger Tarroquin and Tito Homeres. All other aspects of the appealed Decision are MAINTAINED. [10] On 18 April 2006, accused-appellants Rocha and Ramos, through the Public Attorney's Office (PAO), appealed the Decision of the Court of Appeals to this Court. On 13 September 2006, this Court required the parties to submit their respective supplemental briefs. On 14 November 2006, accused-appellant Rocha, having been detained for more than seventeen years, filed a Motion to Withdraw Appeal, stating that he intends to apply for parole. He also manifested that his co-accused on this case, Romeo Trumpeta and Estaquio Cenita, had already withdrawn their appeal. On 14 February 2007, plaintiff-appellee People of the Philippines, through the Solicitor General, filed a Comment opposing accused-appellant Rocha's Motion to Withdraw Appeal. On 28 February 2007, accused-appellant Ramos followed suit and filed his own Manifestation with Motion to Withdraw Appeal. He likewise manifested that he had already served fourteen years in prison and that