G.R. No. L-55831 - People of the Phils. vs. Gilbert Medrano, et al.
Manila
SECOND DIVISION
G.R. No. L-55831 May 30, 1983
THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,
vs.
GILBERT MEDRANO, ET AL., accused, ANTONIO POBLETE, MARCELO ARZADON and EDILBERTO ARZADON,defendants-appellants.
NONC PRO TUNCR E S O L U T I O N
AQUINO,J.:
Gilbert Medrano complains that in this Court's decision of May 31, 1982, he was erroneously included as an appellant together with his three co-accused when in truth he did not appeal. Only his three co-accused appealed. Medrano's grievance is justified. Through clerical misprision, he was regarded as an appellant. (People vs. Medrano, et al., 114 SCRA 335).
Not having appealed, this Court did not have jurisdiction over his case. The sentence against him is void beingcoram non judiceand may be attacked anytime.ℒαwρhi৷The dispositive part of the decision is hereby amended as follows by deleting any reference to Medrano.
WHEREFORE,the penalty imposed on Marcelo Arzadon is affirmed. As accomplices, Edilberto Arzadon and Antonio Poblete are sentenced to an intermediate penalty of ten years ofprision mayor mediumas minimum to fourteen years ofreclusion temporalminimum as maximum and, as their quota, they are ordered to pay solidarily to the heirs of the victim an indemnity of six thousand pesos. Costsde oficio.
Valid and enforceable against Medrano is the sentence imposed by the trial court which he has started to serve and which is an indeterminate penalty of eight (8) years and one (1) day ofprision mayoras minimum to seventeen (17) years and four (4) months ofreclusion temporalas maximum with credit for his preventive imprisonment.
SO ORDERED.
Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro and Escolin JJ., concur.