G.R. No. 143547 - Potot y Surio vs. People

Joey Potot y Surio, petitioner and accused, was charged with homicide in Criminal Case No. 2739 before the Regional Trial Court (RTC), Branch 19, Catarman, Northern Samar.
The information, filed December 12, 1999, alleged that on November 2, 1999, at about 3:00 a.m. in the public cemetery of Mondragon, Northern Samar, the accused, armed with a knife called dipang, willfully and feloniously stabbed Rodolfo Dapulag @ Pili, causing his death.

On February 1, 2000, at arraignment conducted in his dialect, petitioner, assisted by counsel, pleaded guilty pursuant to Section 4, Rule 117 of the Revised Rules on Criminal Procedure.
Petitioner invoked the mitigating circumstance of plea of guilty and alleged voluntary surrender; the public prosecutor raised no objection and manifested no aggravating circumstance.
The trial court rendered and promulgated its Decision dated February 1, 2000, accepting the plea, finding petitioner guilty beyond reasonable doubt of homicide, appreciating mitigating circumstances of plea of guilty and voluntary surrender, and, applying the Indeterminate Sentence Law, sentenced petitioner to imprisonment ranging from two years, four months and one day of prision correccional as minimum to eight years and one day of prision mayor as maximum; ordered indemnity of P50,000 to the heirs of Rodolfo Dapulag y Conge; and awarded costs.

On February 3, 2000, petitioner, through counsel, filed a manifestation with motion informing the court he would not appeal the Decision and praying for issuance of a commitment order to immediately serve his sentence; petitioner also submitted a letter reiterating his intent not to appeal.

On February 11, 2000, private complainant Rosalie Dapulag, wife of the victim, filed through counsel a motion for reconsideration/retrial, bearing the conformity of the public prosecutor, alleging irregularities before and during trial that caused miscarriage of justice.
The motion alleged eyewitnesses Eduardo Boyson and Jimuel Marquita revealed on December 8, 1999 that two others, Doming Jarilla and Marlito Nazam, aided petitioner in the killing, and that this information was deliberately withheld during police and preliminary investigations at the solicitation of Mayor Elito Dapulag; the motion attached affidavits of the eyewitnesses.

Petitioner opposed the motion, asserting absence of irregularity in the preliminary investigation and that the Decision had become final upon his written waiver of appeal.
By order dated May 3, 2000, the trial court granted the private complainant’s motion, set aside its ...(Subscriber-Only)

Whether the trial court had authority to set aside its February 1, 2000 Decision after petitioner filed a written waiver of his right to appeal and sought immediate commitment.

Whether a private offended party, with the conformity of the public prosecutor, may move for reconsideration or a new trial under Rule 121 or set aside a judgment once the accused has waived appeal.

Whether the alleged withholding of evidence by eyewitnesses justified remand to the Provincial Prosecutor for re-evaluation and re-filing of charges....(Subscriber-Only)