Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. 179611 March 12, 2013

EFREN S. ALMUETE, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.

DECISION

DEL CASTILLO, J.:

Section 6,1 Rule 120 of the 1985 Rules on Criminal Procedure allows promulgation of judgment in
absentia and gives the accused a period of fifteen (15) days from notice to him or his counsel within
which to appeal; otherwise, the decision becomes final.2

This Petition for Review on Certiorari3 under Rule 45 of the Rules of Court assails the May 4, 2007
Resolution4 and the September 4, 2007 Resolution5 of the Court of Appeals (CA) in CA-G.R. SP No.
98502.

Factual Antecedents

This case is an offshoot of People v. Court of Appeals,6 docketed as G.R. No. 144332 and
promulgated on June 10, 2004.

Efren D. Almuete (petitioner), Johnny Ila (Ila) and Joel Lloren (Lloren) were charged before the
Regional Trial Court (RTC) of Nueva Vizcaya, Branch 27, with violation of Section 687 of Presidential
Decree (P.D.) No. 705, otherwise known as the "Revised Forestry Code of the Philippines," as
amended by Executive Order (E.O.) No. 277,8docketed as Criminal Case No. 2672.9

On the scheduled date of promulgation of judgment, petitioners counsel informed the trial court that
petitioner and Lloren were ill while Ila was not notified of the scheduled promulgation.10 The RTC,
however, found their absence inexcusable and proceeded to promulgate its Decision as
scheduled.11 The dispositive portion of the September 8, 1998 Decision reads:

WHEREFORE, finding the accused, namely, Efren S. Almuete, Johnny Ila y Ramel and Joel Lloren y
dela Cruz GUILTY beyond reasonable doubt of violation of Section 68, P.D. No. 705, as amended,
they are each sentenced to suffer the penalty of 18 years, 2 months and 21 days of reclusion
temporal, as minimum period to 40 years of reclusion perpetua as maximum period. Costs against
the said accused.

SO ORDERED.12

Accordingly, the RTC cancelled the bail bonds of petitioner, Ila and Lloren13 and issued warrants of
arrest against them.14
Petitioner and his co-accused moved for reconsideration, questioning the validity of the
promulgation, the factual and legal bases of their conviction, and the correctness of the penalty
imposed.15

On October 12, 1998, the RTC denied their motion for lack of merit.16

Instead of filing an appeal, petitioner and his co-accused filed a Petition for Certiorari, docketed as
CA-G.R. SP No. 49953, with the CA.17

On May 19, 2000, the CA granted the Petition and disposed of the case in this wise:

WHEREFORE, premises considered, the present petition is hereby GRANTED. On the basis of the
evidence on record, accused Efren S. Almuete should be, as he is hereby ACQUITTED of the
charge against him.

The court a quo is ORDERED to re-promulgate the decision in the presence of the accused Ila and
Lloren, duly assisted by counsel of their own choice, after notice and allow them to appeal. Let the
complete records of this case be remanded to the court a quo.

SO ORDERED.18

The acquittal of petitioner prompted the People of the Philippines to elevate the case to this Court
via a Petition for Review on Certiorari under Rule 45 of the Rules of Court, docketed as G.R. No.
144332.

On June 10, 2004, this Court reversed petitioners acquittal and reinstated the RTCs September 8,
1998 Decision and its October 12, 1998 Order, to wit:

IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The assailed decision and
resolution of the Court of Appeals are REVERSED AND SET ASIDE. The Decision of the Regional
Trial Court dated September 8, 1998 and its Order dated October 12, 1998 are REINSTATED. No
costs.

SO ORDERED.19

Aggrieved, petitioner moved for reconsideration but his motion was denied by this Court in a
Resolution dated January 17, 2005.20

On February 15, 2005, this Court issued an Entry of Judgment.21

Unfazed, petitioner filed a second and a third Motion for Reconsideration, which were denied by this
Court in its March 28, 2005 and November 9, 2005 Resolutions, respectively.22

Petitioner then filed a Motion for Clarification23 on whether he could still appeal the RTCs September
8, 1998 Decision. This Court noted without action his Motion for Clarification in its July 26, 2006
Resolution.24

On December 13, 2006, petitioner filed with the RTC a Motion for Repromulgation25 of the
September 8, 1998 Decision.

Ruling of the Regional Trial Court

The RTC, in its January 17, 2007 Order,26 denied the Motion for Repromulgation.

Petitioner sought reconsideration but the RTC denied the same in its February 20, 2007 Order.27

Ruling of the Court of Appeals

Imputing grave abuse of discretion on the part of the RTC, petitioner filed a Petition for
Certiorari28 with the CA. On May 4, 2007, the CA rendered its Resolution29 which dismissed the
Petition for lack of merit.

Petitioners Motion for Reconsideration30 was likewise denied by the CA in its September 4, 2007
Resolution.31

Issues

Hence, this recourse, with petitioner raising the following issues:

1. Whether x x x the Decision of the RTC convicting petitioner Almuete of the charge against
him passed the requisite conviction beyond reasonable doubt.

2. Whether x x x the promulgation of the Decision of the RTC convicting the petitioner was
valid despite the absence of the petitioner and regardless of petitioners intention to be
present at the promulgation of the Decision.

3. Whether x x x the Honorable CA committed grave abuse of discretion when it acquitted

petitioner Almuete in a Petition for Certiorari under Rule 65 of the Rules of Court.

4. Whether x x x the judgment of acquittal by the Honorable CA bars further proceedings and
that to do so would constitute a violation of petitioners constitutional right against double
jeopardy.

5. Whether x x x the denial of the RTC of petitioners motion for re-promulgation is in order,
the denial being based on an inappropriate

Administrative Order of this Honorable Supreme Court (Administrative Order No. 16-93).32

Petitioners Arguments

Petitioner maintains his innocence and asserts that he was wrongly convicted by the RTC because
his guilt was not proven beyond reasonable doubt.33 He argues that his conviction was based on
circumstantial and hearsay evidence as he was convicted only because he owns the truck
containing the lumber.34 Thus, he contends that his earlier acquittal by the CA was proper,35 and that
his acquittal can no longer be assailed without violating the principle of double jeopardy.36

Petitioner likewise assails the validity of the promulgation of the judgment against him since it was
made in his absence.37 He insists that he had a valid reason for not attending the promulgation of the
judgment as he was suffering from stress, anxiety, and some physiological disturbance, and thus,
was advised to rest.38 He also claims that the RTCs denial of his Motion for Repromulgation was not
proper.39 Hence, a repromulgation of the judgment should be made to allow him to avail of his right
to appeal.40
Respondents Arguments

The Solicitor General, on behalf of the People, contends that the issues and arguments raised by
petitioner may no longer be entertained as these have been addressed in People v. Court of
Appeals,41 which is already the "law of the case."42 He likewise points out that the promulgation of
judgment in absentia is allowed under Section 643 of Rule 120 of the 1985 Rules of Criminal
Procedure,44 and that the denial of petitioners Motion for Repromulgation of the September 8, 1998
Decision is proper as the same is in accordance with Administrative Circular No. 16-93.45

As to petitioners right to appeal, respondent opines that petitioners right has prescribed,46 as the
same should have been filed within 15 days from the time he or his counsel received a copy of the
September 8, 1998 Decision instead of filing a Petition for Certiorari with the CA.47

However, notwithstanding the finality of petitioners conviction, respondent recommends that the
penalty be modified by reducing the same to six (6) years and one (1) day to ten (10) years in
accordance with the Indeterminate Sentence Law (ISL).48

Our Ruling

The petition lacks merit.

The denial of the Motion for
Repromulgation is in accordance with
Administrative Circular No. 16-93

Administrative Circular No. 16-93, issued on September 9, 1993, provides that:

TO: ALL JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS

RE: PROCEDURE AFTER AFFIRMANCE OR MODIFICATION BY SUPREME COURT OR COURT

OF APPEALS OF JUDGMENTS OF CONVICTION IN CRIMINAL CASES

To ensure uniformity in the procedure to be observed by the trial courts in criminal cases after their
judgments of conviction shall have been affirmed or modified by the Supreme Court or the Court of
Appeals, attention is invited to the decisional and statutory guidelines set out hereunder.

1. The procedure for the promulgation of judgments in the trial courts in criminal cases, differs from
that prescribed for the Supreme Court and the Court of Appeals where promulgation is effected by
filing the signed copy of the judgment with the Clerk of Court who causes true copies thereof to be
served upon the parties. The procedural consequence of this distinction was reiterated in Jesus
Alvarado, etc. vs. The Director of Prisons, to wit:

By sections 8 and 9 of Rule 53 (now Sections 10 and 11 of Rule 51) in relation to section 17 of Rule
120 (now Section 17 of Rule 124), a judgment is entered 15 days after its promulgation, and 10 days
thereafter, the records are remanded to the court below including a certified copy of the judgment for
execution.

In the case of People vs. Sumilang (44 Off. Gaz., 881, 883; 77 Phil. 764), it was explained that "the
certified copy of the judgment is sent by the clerk of the appellate court to the lower court under
section 9 of rule 53, not for the promulgation or reading thereof to the defendant, but for the
execution of the judgment against him," it "not being necessary to promulgate or read it to the
defendant, because it is to be presumed that accused or his attorney had already been notified
thereof in accordance with sections 7 and 8, as amended, of the same Rules 53 (now sections 9 and
10 of Rule 51)," and that the duty of the court of first instance in respect to such judgment is merely
to see that it is duly executed when in their nature the intervention of the court of first instance is
necessary to that end.

2. The practice of requiring the convict to appear before the trial court for "promulgation" of the
judgment of the appellate court should, therefore, be immediately discontinued. It is not only an
unauthorized surplusage entailing unnecessary expense, but it could also create security problems
where the convict was already under detention during the pendency of the appeal, and the place of
confinement is at some distance from the station of the court. Upon receipt of the certified copy of
the judgment of the appellate court if the convict is under detention, the trial court should issue
forthwith the corresponding mittimus or commitment order so that the prisoner may be considered
remitted or may be transferred to the corresponding prison facility for confinement and service of
sentence. When the convict is out on bail, the trial court shall immediately order the bondsman to
surrender the convict to it within ten (10) days from notice and thereafter issue the corresponding
mittimus. In both cases, the trial court shall submit to this Court proof of the execution of judgment
within fifteen (15) days from date of such execution. (Emphasis supplied)

xxxx

It is clear from the foregoing that the practice of requiring convicts to appear before the trial courts
for promulgation of the affirmance or modification by this Court or the CA of judgments of conviction
in criminal cases is no longer allowed. Hence, we find no error on the part of the RTC in denying the
Motion for Repromulgation of the RTCs September 8, 1998 Decision which was reinstated in People
v. Court of Appeals.49

The promulgation of judgment is valid.

Petitioners attempt to assail the validity of the promulgation of the RTCs September 8, 1998
Decision must likewise fail as this has already been addressed by this Court in People v. Court of
Appeals.50 As this Court has explained, there was no reason to postpone the promulgation because
petitioners absence was unjustifiable.51 Hence, no abuse of discretion could be attributed to the RTC
in promulgating its Decision despite the absence of petitioner.52

It bears stressing that the June 10, 2004 Decision of this Court has attained finality. In fact, an Entry
of Judgment was made by this Court on February 15, 2005.

Petitioners right to appeal has prescribed.

As to whether petitioner may still appeal the RTCs September 8, 1998 Decision, we rule in the
negative.

In People v. Court of Appeals,53 this Court reversed petitioners acquittal by the CA as it was made
with grave abuse of discretion. This Court explained that an acquittal via a Petition for Certiorari is
not allowed because "the authority to review perceived errors of the trial court in the exercise of its
judgment and discretion x x x are correctible only by appeal by writ of error."54 Thus, in filing a
Petition for Certiorari instead of an appeal, petitioner availed of the wrong remedy. Thus:

In this case, the RTC rendered judgment finding all the accused, respondents herein, guilty of the
crime charged based on the evidence on record and the law involved, and sentenced them to suffer
the penalty of imprisonment as provided for in P.D. No. 705, in relation to Articles 304 and 305 of the
Revised Penal Code. They had a plain, speedy and adequate remedy at law to overturn the decision
as, in fact, they even filed a motion for reconsideration of the decision on its merits, and for the
nullification of the promulgation of the said decision. Upon the trial courts denial of their motion for
reconsideration, the petitioners had the right to appeal, by writ of error, from the decision on its
merits on questions of facts and of law. The appeal of the petitioners in due course was a plain,
speedy and adequate remedy. In such appeal, the petitioners could question the findings of facts of
the trial court, its conclusions based on the said findings, as well as the penalty imposed by the
court. It bears stressing that an appeal in a criminal case throws the whole case open for review and
that the appellate court can reverse any errors of the trial court, whether assigned or unassigned,
found in its judgment. However, instead of appealing the decision by writ of error, the respondents
filed their petition for certiorari with the CA assailing the decision of the trial court on its merits. They
questioned their conviction and the penalty imposed on them, alleging that the prosecution failed to
prove their guilt for the crime charged, the evidence against them being merely hearsay and based
on mere inferences. In fine, the respondents alleged mere errors of judgment of the trial court in their
petition. It behooved the appellate court to have dismissed the petition, instead of giving it due
course and granting it.

The CA reviewed the trial courts assessment of the evidence on record, its findings of facts, and its
conclusions based on the said findings. The CA forthwith concluded that the said evidence was
utterly insufficient on which to anchor a judgment of conviction, and acquitted respondent Almuete of
the crime charged.

The appellate court acted with grave abuse of its discretion when it ventured beyond the sphere of
its authority and arrogated unto itself, in the certiorari proceedings, the authority to review perceived
errors of the trial court in the exercise of its judgment and discretion, which are correctible only by
appeal by writ of error. Consequently, the decision of the CA acquitting respondent Almuete of the
crime charged is a nullity. If a court is authorized by statute to entertain jurisdiction in a particular
case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no
application, the judgment rendered is void. The lack of statutory authority to make a particular
judgment is akin to lack of subject-matter jurisdiction. In this case, the CA is authorized to entertain
and resolve only errors of jurisdiction and not errors of judgment.

A void judgment has no legal and binding effect, force or efficacy for any purpose. In contemplation
of law, it is non-existent. It cannot impair or create rights; nor can any right be based on it. Thus,
respondent Almuete cannot base his claim of double jeopardy on the appellate courts
decision.55 (Emphasis supplied)

Clearly, petitioners right to appeal the RTCs September 8, 1998 Decision has long prescribed.
Consequently, the said Decision is no longer open to an appeal.

The penalty imposed must be modified.

Nonetheless, we agree with the suggestion of the Office of the Solicitor General that the penalty
imposed by the RTC in its September 8, 1998 Decision must be modified. Concededly, this case is
an offshoot of G.R. No. 144332 which the Court decided on June 10, 2004 which found grave abuse
of discretion on the part of the CA in acquitting Almuete.

Section 68 of P.D. No. 705, as amended by E.O. No. 277, provides that:

Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. Any
person who shall cut, gather, collect, remove timber or other forest products from any forest land, or
timber from alienable or disposable public land, or from private land, without any authority, or
possess timber or other forest products without the legal documents as required under existing
forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310
of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations,
the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on
the part of the Commission on Immigration and Deportation.

The court shall further order the confiscation in favor of the government of the timber or any forest
products cut, gathered, collected, removed, or possessed as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or forest products are found.
(Emphasis supplied)

On the other hand, Articles 309 and 310 of the Revised Penal Code state that:

Art. 309. Penalties. Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is
more than 12,000 pesos but does not exceed 22,000 pesos; but if the value of the thing stolen
exceed[s] the latter amount, the penalty shall be the maximum period of the one prescribed in this
paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which
may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory
penalties which may be imposed and for the purpose of the other provisions of this Code, the
penalty shall be termed prision mayor or reclusion temporal, as the case may be. (Emphasis
supplied)

xxxx

Art. 310. Qualified theft. The crime of theft shall be punished by the penalties next higher by two
degrees than those respectively specified in the next preceding articles, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or
large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance. (Emphasis supplied)

Perusal of the records would show that the trial court imposed the penalty as prescribed in Article
310 which is two degrees higher than those specified in Article 309.56 This is erroneous considering
that the penalty prescribed in Article 310 would apply only if the theft was committed under any the
following circumstances: a) by a domestic servant, or with grave abuse of confidence, or b) if the
stolen property is motor vehicle, mail matter or large cattle, or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or fishery, or c) if the property is taken on the
occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or
civil disturbance. None of these circumstances is present in the instant case. Thus, the proper
imposable penalty should be that which is prescribed under Article 309.

In this case, the amount of the timber involved is 57,012.00. Since the amount exceeds
22,000.00, the penalty of prision mayor in its minimum and medium periods57 should be imposed in
its maximum period58 plus an additional one (1) year for each additional 10,000 pesos in excess of
22,000.00 or three more years.59 Thus, the correct imposable maximum penalty is anywhere
between eleven (11) years, eight (8) months and one (1) day of prision mayor to thirteen (13) years
of reclusion temporal.
Applying the Indeterminate Sentence Law, the minimum penalty is one degree lower than that
prescribed by the law. In this case, the minimum penalty should be prision correccional in its medium
and maximum periods, which is anywhere between two (2) years, four (4) months and one (1) day to
six (6) years.

This Court is not unaware of the rule that "a final judgment may no longer be altered, amended or
modified, even if the alteration, amendment or modification is meant to correct what is perceived to
be an erroneous conclusion of fact or law and regardless of what court, be it the highest court of the
land, rendered it."60 However, this Court has suspended the application of this rule based on certain
recognized exceptions, viz:

Aside from matters of life, liberty, honor or property which would warrant the suspension of the Rules
of the most mandatory character and an examination and review by the appellate court of the lower
courts findings of fact, the other elements that should be considered are the following: (a) the
existence of special or compelling circumstances, (b) the merits of the case, (c) a cause not entirely
attributable to the fault or negligence of the party favored by the suspension of the rules, (d) a lack of
any showing that the review sought is merely frivolous and dilatory, and (e) the other party will not be
unjustly prejudiced thereby.61

In this case, it cannot be gainsaid that what is involved is the life and liberty of petitioner. If his
penalty of imprisonment remains uncorrected, it would be not conformable with law and he would be
made to suffer the penalty of imprisonment of 18 years, 2 months and 21 days of reclusion temporal
as minimum, to 40 years of reclusion perpetua, as maximum, which is outside the range of the
penalty prescribed by law. Contrast this to the proper imposable penalty the minimum of which
should only be within the range of 2 years, 4 months and 1 day to 6 years of prision correccional,
while the maximum should only be anywhere between 11 years, 8 months and 1 day of prision
mayor to 13 years of reclusion temporal. Substantial justice demands that we suspend our Rules in
this case. "It is always within the power of the court to suspend its own Rules or except a particular
case from its operation, whenever the purposes of justice require. x x x Indeed, when there is a
strong showing that a grave miscarriage of justice would result from the strict application of the
Rules, this Court will not hesitate to relax the same in the interest of substantial
justice."62 Suspending the Rules is justified "where there exist strong compelling reasons, such as
serving the ends of justice and preventing a miscarriage thereof."63 After all, the Courts "primordial
and most important duty is to render justice x x x."64

Surely, this is not the first time that the Court modified the penalty imposed notwithstanding the
finality of the assailed decision.

In People v. Barro,65 Benigno Barro (Benigno), Joel Florin (Florin) and Joel Barro (Joel) were
charged with murder. After trial, the trial court convicted them as charged. Only Benigno and Florin
filed their notice of appeal. Joel failed to appeal as he escaped from confinement. Hence, the trial
courts Decision insofar as Joel is concerned had become final and executory. In the Courts
Decision of August 17, 2000, the appeal filed by Benigno and Florin was found without merit.
However, the Court noted that as regards Joel, the penalty imposed by the trial court was "outside
the range"66 of the penalty prescribed for the offense. Consequently, the Court modified the penalty
imposed on him notwithstanding that the same had already become final and executory. The Court
ratiocinated that:

Joel Barro, below 15 years old at the time of the commission of the offense, is entitled to the
privileged mitigating circumstance of minority pursuant to Article 68, par. 1 of the Revised Penal
Code. The penalty for murder is reclusion temporal in its maximum period to death. Two degrees
lower is prision correccional maximum to prision mayor medium. Joel Barro escaped from jail,
hence, he is disqualified from the benefits of the Indeterminate Sentence Law. He should, therefore,
be meted the straight penalty of eight years which is within the medium period (6 years 1 month and
11 days to 8 years and 20 days) of the said penalty. The trial court erred in imposing the penalty of
imprisonment of 8 years and 8 months because it is outside the range of said penalty. The records
show that Joel Barro did not appeal. However, where the penalty imposed on the co-accused who
did not appeal was a nullity because it was never authorized by law, that penalty imposed on the
accused can be corrected to make it conform to the penalty prescribed by law, the reason being that,
said penalty can never become final and executory and it is within the duty and inherent power of the
Court to have it conformable with law.67

In Estrada v. People,68 petitioner was charged with the crime of estafa. While the trial was pending,
petitioner jumped bail. Understandably, during the promulgation of judgment in 1997, petitioner was
absent. Two years later, or in 1999, petitioner was arrested. She then moved for reconsideration of
the trial courts Decision. The same was denied for having been filed out of time. Thus, petitioner
filed a Petition for Certiorari before the CA which was denied. Hence, petitioner brought the case
before this Court. In its Decision dated August 25, 2005, the Court ruled that petitioners trial in
absentia was proper; that she was not denied due process; and that the denial by the trial court of
her motion for reconsideration was proper as the same was filed beyond the reglementary period.
However, the Court noted that the penalty imposed by the trial court (which is 12 years of prision
mayor to 24 years as maximum) on petitioner was erroneous. As computed by the Court,
considering that the amount defrauded is only 68,700.00, the proper minimum imposable penalty
should only be within the range of "6 months, and 1 day of prision correccional in its minimum period
and 4 years and 2 months of prision correccional in its medium period"69while the proper maximum
imposable penalty should only be within the range of "10 years, 8 months and 21 days and 12 years
of prision mayor in its maximum period."70 Hence, notwithstanding the finality of the trial courts
Decision, the Court modified the penalty imposed, as the same was outside the range prescribed by
law.

In Rigor v. The Superintendent, New Bilibid Prison,71 this Court also modified the penalty imposed on
the petitioner notwithstanding the finality of the trial courts Decision based on the observation that
the penalty imposed by the trial court was erroneous because it was outside the range prescribed by
law. The Court ruled thus:

However, the Court noted a palpable error apparent in the Joint Decision of the trial court that must
be rectified in order to avoid its repetition. The trial court erroneously included an additional one day
on the maximum period of arresto mayor imposed on petitioner, which is incorrect, as it is outside
the range of said penalty. The duration of arresto mayor is only from one month and one day to six
months. Adding one day to the maximum penalty will place it within the range of prision correccional.

Moreover, imposing the maximum penalty of imprisonment of four years, four months and one day of
prision correccional is also incorrect as it is outside the range of the penalty imposable in this case. x
xx

xxxx

The error of the trial court in the present case can be corrected to make it conform to the penalty
prescribed by law as it is within the Courts duty and inherent power. x x x

xxxx
Thus, the correction to be made by this Court is meant only for the penalty imposed against
petitioner to be in accordance with the law and nothing else. It is not tantamount to a reduction in
order to be favorable to the petitioner nor an increase so as to be prejudicial to him.72

In People v. Gatward73 the Court explicitly stated that by merely modifying the penalty imposed, it is
not reopening the case; neither is it saying that there was error in judgment. In the same manner, in
this case, we are not reopening G.R. No. 144332, much more reversing it. Thus:

x x x In the case of U Aung Win, and the same hold true with respect to Gatward, the penalty
inflicted by the court a quo was a nullity because it was never authorized by law as a valid
punishment. The penalties which consisted of aliquot one-third portions of an indivisible penalty are
self-contradictory in terms and unknown in penal law. Without intending to sound sardonic or
facetious, it was akin to imposing the indivisible penalties of public censure, or perpetual absolute or
special disqualification, or death in their minimum or maximum periods.

This was not a case of a court rendering an erroneous judgment by inflicting a penalty higher or
lower than the one imposable under the law but with both penalties being legally recognized and
authorized as valid punishments. An erroneous judgment, as thus understood, is a valid judgment.
But a judgment which ordains a penalty which does not exist in the catalogue of penalties or which is
an impossible version of that in the roster of lawful penalties is necessarily void, since the error goes
into the very essence of the penalty and does not merely arise from the misapplication thereof.
Corollarily, such a judgment can never become final and executory. 1wphi1

Nor can it be said that, despite the failure of the accused to appeal, his case was reopened in order
that a higher penalty may be imposed on him. There is here no reopening of the case, as in fact the
judgment is being affirmed but with a correction of the very substance of the penalty to make it
conformable to law, pursuant to a duty and power inherent in this Court. The penalty has not been
changed since what was decreed by the trial court and is now being likewise affirmed by this Court is
the same penalty of reclusion perpetua which, unfortunately, was imposed by the lower court in an
elemental form which is non-existent in and not authorized by law. Just as the penalty has not been
reduced in order to be favorable to the accused, neither has it been increased so as to be prejudicial
to him.

Finally, no constitutional or legal right of this accused is violated by the imposition upon him of the
corrected duration, inherent in the essence and concept, of the penalty. Otherwise, he would be
serving a void sentence with an illegitimate penalty born out of a figurative liaison between judicial
legislation and unequal protection of law. He would thus be the victim of an inadvertence which
could result in the nullification, not only of the judgment and the penalty meted therein, but also of
the sentence he may actually have served. Far from violating any right of U Aung Win, therefore, the
remedial and corrective measures interposed by this opinion protect him against the risk of another
trial and review aimed at determining the correct period of imprisonment.74

Also, it would not be amiss to mention that the Office of the Solicitor General prayed for the
modification of the imposable penalty.75

Finally, pursuant to Section 11(a),76Rule 122 of the Revised Rules on Criminal Procedure, the
favorable modification of the penalty should likewise apply to petitioner's co-accused who failed to
appeal.77

WHEREFORE, the Petition is hereby DENIED. The May 4, 2007 and the September 4, 2007
Resolutions of the Court of Appeals in CA-G.R. SP No. 98502 are hereby AFFIRMED. In addition,
for reasons stated above, the September 8, 1998 Decision of the Regional Trial Court of Nueva
Vizcaya, Branch 27, docketed as Criminal Case No. 2672, is hereby MODIFIED insofar as the
penalty of imprisonment is concerned. The accused, namely, Efren S. Almuete, Johnny Ila y Ramel
and Joel Lloren y dela Cruz are each sentenced to suffer the indeterminate penalty of six ( 6) years
of prision correccional, as minimum, to thirteen (13) years of reclusion temporal, as maximum.

SO ORDERED.

MARIANO C. DEL CASTILLO

Associate Justice

WE CONCUR:

MARIA LOURDES P. A. SERENO

Chief Justice

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.

Associate Justice Associate Justice

TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION

Associate Justice Associate Justice

DIOSDADO M. PERLATA LUCAS P. BERSAMIN

Associate Justice Associate Justice

ROBERTO A. ABAD MARTIN S. VILLARAMA, JR.

Associate Justice Associate Justice

(On official leave)

JOSE CATRAL MENDOZA
JOSE PORTUGAL PEREZ*
Associate Justice
Associate Justice

BIENVENIDO L. REYES ESTELA M. PERLAS-BERNABE

Associate Justice Associate Justice

MARVIC MARIO VICTOR F. LEONEN

Associate Justice

CERTIFICATION

I certify that the conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Court.

MARIA LOURDES P. A. SERENO

Chief Justice
Footnotes

* On official leave.

1 Section 6. Promulgation of judgment The judgment is promulgated by reading the same in

the presence of the accused and any judge of the court in which it was rendered. However, if
the conviction is for a light offense, the judgment may be pronounced in the presence of his
counsel or representative. When the judge is absent or outside of the province or city, the
judgment may be promulgated by the clerk of court.

If the accused is confined or detained in another province or city, the judgment may
be promulgated by the executive judge of the Regional Trial Court having jurisdiction
over the place of confinement or detention upon request of the court that rendered
the judgment. The court promulgating the judgment shall have authority to accept the
notice of appeal and to approve the bail bond pending appeal.

The proper clerk of court shall give notice to the accused personally or through his
bondsman or warden and counsel, requiring him to be present at the promulgation of
the decision. In case the accused fails to appear thereat the promulgation shall
consist in the recording of the judgment in the criminal docket and a copy thereof
shall be served upon the accused or counsel. If the judgment is for conviction and
the accused's failure to appear was without justifiable cause, the court shall further
order the arrest of the accused, who may appeal within fifteen (15) days from notice
of the decision to him or his counsel. (Now amended by the 2000 Rules of Criminal
Procedure)

2 Estrada v. People, 505 Phil. 339, 354-357 (2005).

3 Rollo, pp. 9-23.

4Id. at 24-29; penned by Associate Justice Marina L. Buzon and concurred in by Associate
Justices Mario L. Guaria III and Monina Arevalo-Zenarosa.

5 Id. at 30-31.

6 G.R. No. 144332, June 10, 2004, 431 SCRA 610.

7 Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without
License. Any person who shall cut, gather, collect, remove timber or other forest products
from any forest land, or timber from alienable or disposable public land, or from private land,
without any authority, or possess timber or other forest products without the legal documents
as required under existing forest laws and regulations, shall be punished with the penalties
imposed under Articles 309 and 310 of the Revised Penal Code:

Provided, That in the case of partnerships, associations, or corporations, the officers

who ordered the cutting, gathering, collection or possession shall be liable, and if
such officers are aliens, they shall, in addition to the penalty, be deported without
further proceedings on the part of the Commission on Immigration and Deportation.

The court shall further order the confiscation in favor of the government of the timber
or any forest products cut, gathered, collected, removed, or possessed as well as the
 machinery, equipment, implements and tools illegally used in the area where the
timber or forest products are found.

8AMENDING SECTION 68 OF PRESIDENTIAL DECREE NO. 705, AS AMENDED,

OTHERWISE KNOWN AS THE REVISED FORESTRY CODE OF THE PHILIPPINES, FOR
THE PURPOSE OF PENALIZING POSSESSION OF TIMBER OR OTHER FOREST
PRODUCTS WITHOUT THE LEGAL DOCUMENTS REQUIRED BY EXISTING FOREST
LAWS, AUTHORIZING THE CONFISCATION OF ILLEGALLY CUT, GATHERED.
REMOVED AND POSSESSED FOREST PRODUCTS, AND GRANTING REWARDS TO
INFORMERS OF VIOLATIONS OF FORESTRY LAWS, RULES AND REGULATIONS.

9 Supra note 6 at 612.

10 Id. at 613.

11 Id.

12 Id.

13 Id.

14 Id. at 621.

15 Id. at 613.

16 Id. at 614.

17 Id.

18 Id. at 615.

19Id. at 622; penned by Associate Justice Romeo J. Callejo, Sr. and concurred in by
Associate Justices Reynato S. Puno, Leonardo A. Quisumbing, Ma. Alicia Austria-Martinez
and Dante O. Tinga.

20 Rollo, pp. 190-191.

21 Id. at 191.

22
Id.

23 Id. at 62-65.

24 Id. at 66.

25 Id. at 67-71.

26 Id. at 32-35; penned by Acting Presiding Judge Menrado V. Corpuz.

27 Id. at 36.
28 Id. at 72-83.

29 Id. at 24-29.

30 CA rollo, pp. 67-71.

31 Rollo, pp. 30-31.

32 Id. at 156-157.

33 Id. at 157-170.

34 Id. at 157-158.

35 Id. at 173-176.

36 Id. at 176-178.

37 Id. at 170-173.

38 Id. at 171.

39 Id. at 178-179.

40 Id. at 180.

41 Supra note 6.

42 Rollo, pp. 195-199.

43 Supra note 1.

44 Rollo, pp. 199-201.

Dated September 9, 1993; Re: PROCEDURE AFTER AFFIRMANCE OR MODIFICATION

45

BY THE SUPREME COURT OR COURT OF APPEALS OF JUDGMENTS OF

CONVICTION IN CRIMINAL CASES.

46 Id. at 205-213.

47 Id. at 207-208.

48 Id. at 216.

49 Supra note 6.

50 Id.

51 Id. at 620-622.
52 Id. at 622.

53 Supra note 6.

54 Id. at 619.

55 Id. at 618-619.

56 The trial court stated:

Under Article 309 in relation to Article 310 of the Revised Penal Code, the penalty
imposable is two degrees higher than prision mayor in its minimum and medium
periods, with the additional penalty of one year for each additional ten thousand
pesos to 22,000 pesos. The penalty imposable to all the accused, therefore is
reclusion temporal in its medium and maximum periods and an additional three years
to the maximum period of reclusion temporal.

Adding three (3) years to the maximum period of reclusion temporal maximum which
is 20 years will make the maximum penalty include reclusion perpetua whose
maximum imposable penalty is 40 years. (See Decision in Criminal Case No. 2672,
p. 11, records, Vol. 1, p. 11.)

57Prision mayor in its minimum and medium periods ranges from six (6) years and one (1)
day to ten (10) years.

Minimum six (6) years and one (1) day to seven (7) years and eight (8) months.

Medium seven (7) years, four (4) months and one (1) to eight (8) years and eight
(8) months.

Maximum eight (8) years, eight (8) months and one (1) day to ten (10) years.

58 Eight (8) years, 8 months and one (1) day to ten (10) years.

59 57,012.00 - 22,000.00 = 35,012.00

60Apo Fruits Corporation v. Land Bank of the Philippines, G.R. No. 164195, October 12,
2010, 632 SCRA 727, 760. Citation omitted. See Pea v. Government Service Insurance
System, 533 Phil. 670, 689-690 (2006).

Sanchez v. Court of Appeals, 452 Phil. 665, 674 (2003). Citations omitted. See Dra.
61

Baylon v. Fact-Finding Intelligence Bureau, 442 Phil. 217, 230-231 (2002).

62 People v. Flores, 336 Phil. 58, 62-63 (1997). Citation omitted.

63 Dizon v. Court of Appeals, 444 Phil. 161, 165 (2003). Citation omitted.

64 Apo Fruits Corporation v. Land Bank of the Philippines, supra note 60 at 763-764.

65 392 Phil. 857 (2000).

66 Id. at 875.

67 Id. at 875-876. Emphasis supplied.

68 Supra note 2.

69 Id. at 359.

70 Id.

71 458 Phil. 561 (2003).

72 Id. at 567-568.

73 335 Phil. 441 (1997).

74 Id. at 460-461.

75See Comment (with prayer for the modification of the imposable penalty), p. 33-35; rolla,
pp. 123-125; Memorandum (of the Office of the Solicitor General), pp. 33-35; rolla, pp. 214-
216.

76 SECTION 11. Effect of appeal by any of several accused.-

(a) An appeal taken by one or more of several accused shall not affect those who did
not appeal, except insofar as the judgment of the appellate court is favorable and
applicable to the latter.

77 People v. Barra, supra note 65 at 875-876.