Case Digest (G.R. No. 185202)
Facts:
People of the Philippines v. Francisco Taruc @ Taruc, G.R. No. 185202, February 18, 2009, Supreme Court Third Division, Chico‑Nazario, J., writing for the Court.Accused‑appellant Francisco Taruc was charged by the People of the Philippines in Criminal Case No. 8010 before the Regional Trial Court (RTC), Branch 3, Bataan, with murder in connection with the death of Emelito Sualog; the Information alleged shooting with treachery and evident premeditation. At arraignment on April 25, 2005, Taruc, represented by a lawyer from the Public Attorney’s Office (PAO), pleaded not guilty.
During trial, prosecution witness Randy Espina had testified but, before cross‑examination could occur, the accused escaped from the Bataan Provincial Jail on August 23, 2002. The RTC treated the escape as a waiver of the accused’s right to cross‑examine that witness and proceeded; on June 29, 2005 the RTC convicted Taruc of murder with treachery, sentenced him to death, ordered damages to the heirs, and issued an order for his arrest and execution of the sentence.
Because the trial court imposed death, the case was transmitted for automatic review to the Court of Appeals (docketed CA‑G.R. CR H.C. No. 01638) pursuant to A.M. No. 00‑5‑03‑SC. The PAO—after the Court of Appeals’ notice to file a brief was returned “moved out”—reported the escape and sought a warden’s certification; the Bataan Provincial Jail OIC confirmed Taruc’s escape. Despite Taruc’s absence, the Court of Appeals granted the PAO an extension (citing People v. Flores) and ultimately accepted briefs; on February 27, 2008 it affirmed the RTC’s conviction but modified the penalty from death to reclusion perpetua in view of R.A. No. 9346, and adjusted the damages (including exemplary damages).
On March 13, 2008 Taruc, through the PAO, filed a Notice of Appeal to the Supreme Court; the Court of Appeals transmitted the ...(Pro-only)
Issues:
- Did accused‑appellant Francisco Taruc’s escape from custody and failure to surrender within the period allowed result in waiver of his right to appeal and loss of standing to prosecute his appeal?
- Did the Court of Appeals properly exercise automatic review and modify the death sentence to reclusion perpetua in light of statutory and precedential rules ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)