GR No 92020

People of the Philippines vs Eliseo Martinado, Hermogenes Martinado, John Doe, alias “Rolly”

GR No 92020         October 19, 1992

Facts:

          Eliseo and Hermogenes were accused of the crime of robbery with homicide and was found by the RTC to be guilty beyond reasonable doubt. As there was no appreciable mitigating nor aggravating circumstance, both are sentenced to suffer imprisonment under the penalty of reclusion perpetua. Hermogenes was credited in the service of his sentence with the full time that he has undergone one preventive imprisonment pursuant to Article 29 of the RPC provided conditions prescribed thereon have been complied with.

The promulgation of this decision was made in the absence of Eliseo as he had earlier escaped after the defense has rested its case. He was later re-arrested only almost a year after he escaped and 2 months after the said promulgation. It was then that the counsel of record for Hemogenes and Eliseo filed a notice of appeal for both accused.

Issue:

          WON an escapee may avail of ISLAW

Held:

          No, an escapee may not avail of ISLAW.

      

      Under Section 6, Rule 120 of the Rules of Court, if the judgment is for conviction and the failure of the accused to appear was without justifiable cause, the court shall further order the arrest of the accused, who may appeal within 15 days from notice of the decision to him or his counsel.

Also, according to a recent case, an accused who had escaped from confinement during the trial on the merits and who remains at large at the time of the promulgation of the judgment of conviction loses his right to appeal therefrom, unless he voluntarily submits to the jurisdiction of the court or is otherwise arrested within 15 days from notice of judgment. The reason therefor is that an accused who escapes from detention, humps bail or flees to a foreign country loses his standing in court, unless he surrenders or submits to the jurisdiction of the court, he is deemed to have waived any right to seek relief therefrom. The same cannot be given a retroactive effect.

In this case, both Hemogenes and Eliseo were found guilty of homicide under Article 249 of the RPC. As there was an aggravating circumstance of abuse of superior strength, and in the absence of mitigating circumstance to offset, and applying the provisions of ISLAW, Hemogenes’ sentence was modified to an indeterminate penalty of 10 years and 1 day of prision mayor maximum as minimum to 17 years, 4 months and 1 day of reclusion temporal maximum as maximum. Eliseo, on the other hand, was not entitled to the benefits of ISLAW as he had escaped from confinement. Accordingly, he is sentenced to suffer penalty of imprisonment of 17 years 4 months, and 1 day of reclusion temporal maximum.