G.R. No. 233395 - Sibayan vs. Alda

People of the Philippines as Plaintiff-Appellee filed an Information on 12 May 1994 in the Regional Trial Court (Quezon City, Branch 215).
Accused named in the Information were Emmanuel Rocha y Yeban alias "Nopoy", Ruel Ramos y Alcober alias "Aweng", and Romeo Trumpeta y Aguaviva; Eustaquio Cenita y Omas-As was impleaded in the Amended Information.

The Amended Information charged that on or about 28 September 1993 in Quezon City the accused, conspiring with others and armed, wilfully, unlawfully and feloniously robbed the Bank of the Philippine Islands (BPI) represented by Alex Babasa, Jr.
The Amended Information alleged that while Alex Babasa, Jr. was placing money in two duffle bags into the armored van vault, the accused opened fire, fatally wounding security guards Roger Tarroquin and Tito Henares, and took two duffle bags containing P1.5 million, a 12-gauge shotgun (SN 1048245) worth P11,000 issued to Roger Tarroquin, and a .38 revolver (SN 23238) worth P6,500 issued to Tito Henares and owned by Eaglestar Security Services, Incorporated.

On 6 February 1996, the RTC found Trumpeta, Cenita, Rocha and Ramos guilty of Robbery with Homicide and sentenced them to reclusion perpetua pursuant to Art. 294, Revised Penal Code.
The RTC ordered joint and several civil indemnities of P50,000 to the heirs of each deceased guard and indemnity to BPI of P1,600,000, with costs against the accused.

Trumpeta filed an Urgent Motion to Withdraw Appeal on 13 September 1999; this Court granted the withdrawal on 11 October 1999.
Cenita filed an Urgent Motion to Withdraw Appeal on 29 May 2001; this Court granted the withdrawal on 15 August 2001.
Pursuant to this Court's Decision in People v. Mateo (G.R. Nos. 147678-87, 7 July 2004, 433 SCRA 640), the case was transferred to the Court of Appeals on 25 August 2004.

On 31 March 2006, the Court of Appeals in CA-G.R. CR-H.C. No. 01765 affirmed with clarification the RTC Decision, finding Emmanuel Rocha @ "Nopoy" and Ruel Ramos @ "Aweng" guilty as co-principals and sentencing each to reclusion perpetua plus civil indemnities of P50,000 to the heirs of each victim.
Rocha and Ramos appealed the CA Decision to this Court by Notice of Appeal filed 18 April 2006.

Whether a Motion to Withdraw Appeal by accused-appellants sentenced to reclusion perpetua may be granted notwithstanding prior decisions regarding automatic or mandatory review.

Whether this Court's decision in People v. Mateo altered the mandatory review role of this Court in cases where the penalty imposed is reclusion perpetua or life imprisonment.
Whether a Motion to Withdraw Appeal may be used as a scheme to evade the penalty of reclusion perpetua or to trifle with the judicial system.
Whether the accused-appellants' intention to apply for parole or executive clemency renders a Motion to Withdraw Appeal improper or requires denial under sett...(Subscriber-Only)