SECOND DIVISION
[G.R. No. 234316. January 8, 2018.]
WARBIN ABONA Y MAYORDOMO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 08 January 2018 which reads as follows:
"G.R. No. 234316 (Warbin Abona y Mayordomo v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the October 26, 2016 Decision 1 and July 17, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CEB-CR No. 02516 for failure of petitioner Warbin Abona y Mayordomo (petitioner) to sufficiently show that the CA committed any reversible error in affirming his conviction for the crime of Homicide, as defined and penalized under Article 249 of the Revised Penal Code.
At the outset, it must be pointed out that the instant petition, which was filed beyond the reglementary period, 3 can no longer be entertained. Settled is the rule that an appeal must be perfected within the reglementary period provided by law; otherwise, the decision becomes final and executory. 4 Even on substantive grounds, the instant case is devoid of circumstances that would justify a reversal of the questioned judgment.
As the CA correctly pointed out, petitioner's plea of self-defense cannot prosper when the supposed unlawful aggression on the part of the victim, Vengie Dahil-dahil, had ceased after petitioner wrested the knife from him. There was no longer any unlawful aggression to speak of that would justify the need for petitioner to kill the victim. This Court has ruled that if an accused still persists in attacking his adversary, he can no longer invoke the justifying circumstance of self-defense. 5 Petitioner's persistence was proven when he chased the victim who was already wounded and was running away, and stabbed him again when he fell. The nature and location of the wounds sustained by the victim likewise negated the claim of self-defense. Indubitably, petitioner had resolved to end the life of the victim. Therefore, his conviction for the crime of Homicide was correctly upheld.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 73-86. Penned by Associate Justice Geraldine C. Fiel-Macaraig with Associate Justices Edgardo L. Delos Santos and Edward B. Contreras concurring.
2.Id. at 96-99.
3.Id. at 8.
4.Philippine Amusement and Gaming Corporation v. Lorenia P. De Guzman, 749 Phil. 494, 499 (2014).
5.People v. Sevillano, February 9, 2015, 750 SCRA 221, 229.