SECOND DIVISION
[G.R. No. 241766. November 5, 2018.]
JESUS B. CARDONA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 November 2018 which reads as follows:
"G.R. No. 241766 (Jesus B. Cardona 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 January 23, 2018 Decision 2 and the August 28, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 39303 finding petitioner Jesus B. Cardona (petitioner) GUILTY beyond reasonable doubt of the crime of Serious Physical Injuries, defined and penalized under Article 263 (3) of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of three (3) months and eleven (11) days of arresto mayor, as minimum, to one (1) year, eight (8) months, and twenty-one (21) days of prision correccional, as maximum, and to pay the victim, David G. Rabadon, the amount of P828.00 as actual damages. Moreover, the monetary award shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment, pursuant to prevailing law and jurisprudence. 4
As correctly ruled by the CA, all the elements of the crime 5 of Serious Physical Injuries, defined and penalized under Article 263 (3) 6 of the Revised Penal Code, are present in this case, as the prosecution had established beyond reasonable doubt that: (a) petitioner repeatedly punched the victim's face; 7 and (b) such acts caused physical deformities on the face of the victim, i.e., the fracture of his alveolar bone and the loss of his two (2) teeth. 8 Since there is no indication that the said courts overlooked, misunderstood, or misapplied the surrounding facts and circumstances of the case, the Court finds no reason to deviate from their factual findings. In this regard, it should be noted that the trial court was in the best position to assess and determine the credibility of the witnesses presented by both parties. 9
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.) aDSIHc
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 13-27.
2.Id. at 33-44. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Samuel H. Gaerlan and Marie Christine Azcarraga-Jacob, concurring.
3.Id. at 46-47.
4.People v. Jugueta, 783 Phil. 806, 856 (2016).
5. See rollo, p. 39.
6. Article 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:
xxx xxx xxx
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days[.]
7. See rollo, p. 34.
8. See id. at 35.
9. See Cahulogan v. People, G.R. No. 225695, March 21, 2018, citing Peralta v. People, G.R. No. 221991, August 30, 2017.