G.R. No. L-55831




Republic of the Philippines SUPREME COURT 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. NONCPROTUNC R 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 being coram non judice and may be attacked anytime. The 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 of prision mayor medium as minimum to fourteen years of reclusion temporal minimum as maximum and, as their quota, they are ordered to pay solidarily to the heirs of the victim an indemnity of six thousand pesos. Costs de 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 of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum with credit for his preventive imprisonment. SO ORDERED. Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro and Escolin JJ., concur. The Lawphil Project - Arellano Law Foundation