SECOND DIVISION
[UDK-16697. November 11, 2020.]
REUVEN BARANOVITCH, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 November 2020 which reads as follows:
"UDK-16697 (Reuven Baranovitch v. People of the Philippines). — After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the August 30, 2019 Decision 2 and the July 1, 2020 Resolution 3 of the Court of Appeals in CA-G.R. CR No. 01685-MIN for failure of petitioner Reuven Baranovitch (petitioner) to sufficiently show that the CA committed any reversible error in finding him guilty beyond reasonable doubt of the crime of Slight Physical Injuries, defined and penalized under Article 266 of the Revised Penal Code, as amended by Republic Act No. 10951. 4 However, in light of prevailing jurisprudence, 5 the moral damages awarded to private complainant Tyrone Leo T. Fernandez (Tyrone) amounting to P5,000.00 shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
As correctly ruled by the CA, the prosecution had satisfactorily established all the elements 6 of the crime charged, considering that: (a) petitioner repeatedly punched Tyrone at his chest and abdomen; and (b) as a result, the latter sustained injuries, which required seven (7) days of medical attendance to heal, as evinced by the medical certificate presented during trial. Therefore, the Court finds no reason to overturn the findings of the courts a quo, as there was no showing that they overlooked, misunderstood, or misapplied the surrounding facts and circumstances of the case. 7
SO ORDERED. (Rosario, J., designated Additional Member per Special Order No. 2797 dated November 5, 2020.)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 16-26.
2.Id. at 31-47. Penned by Associate Justice Loida S. Posadas-Kahulugan with Associate Justices Oscar V. Badelles and Lily V. Biton, concurring.
3.Id. at 199-201.
4. Entitled "AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF THE PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS 'THE REVISED PENAL CODE,' AS AMENDED," approved on August 29, 2017.
5. See People v. Lumahang, G.R. No. 218581, March 27, 2019.
6. Article 266 of the Revised Penal Code provides that '[t]he crime of slight physical injuries shall be punished by arresto menor, when the offender has inflicted physical injuries, which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. (See Yap v. People, G.R. No. 234217, November 14, 2018).
7. See People v. Naciongayo, G.R. No. 243897, June 8, 2020, citing Cahulogan v. People, G.R. No. 225695, March 21, 2018.