THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. FILEMON FRESCO, DEFENDANT AND APPELLANT.

Court of First Instance of Manila wherein an information was filed against the appelant for the crime of rape with serious physical injuries. Upon being arraigned, he entered  a plea of not guilty. After due trial he was convicted of the crime charged in the information and sentenced to suffer imprisonment of not less than fourteen  years, eight months and one  day and not more than  seventeen  years, four  months  and one day of reclusion temporal; to indemnify  the offended party in the sum of P100, without subsidiary imprisonment in case of insolvency; and to pay the costs.   From the judgment thus  rendered this  appeal was taken.

Due to the  appellant’s inability to employ a lawyer, he was provided with an attorney de oficio. In the brief filed by  the latter, the guilt of the appellant is admitted,  and the only question raised relates to the correctness of the penalty imposed by the court below.  In view of the fact that the brief thus filed by the attorney de oficio raised a question of law only, the case was submitted to this court for decision.  In the meantime, however, the attention of the court was called to a letter  written by the appellant to one of the  members thereof, wherein the former claims that he is innocent of  the crime  of which he was found guilty by the lower court.  We have thus a situation in which a client disagrees with his lawyer as to the questions which should  be raised in a case on appeal.  While there is no provision of law  exactly applicable  in the premises, we believe that the ends of justice require that, under the circumstances  obtaining in this  case, a review of the evidence should  be had in  order to determine  the  guilt or innocence of the accused.

It results that this  case involves both questions of law and fact, and, therefore, comes within the jurisdiction  of the Court of Appeals.

Wherefore,  it is ordered that  the clerk of this  court certify the case to the clerk of the Court  of Appeals  in accordance with section  145-O of  the  Revised  Administrative Code, as amended by section 3  of Commonwealth Act No. 3.

Avanceña, C. J., Villa-Real, Imperial, Diaz, and Laurel, JJ., concur.