SECOND DIVISION
[G.R. No. 253094. February 8, 2021.]
FERNANDO CATANAOAN y CAPUZ, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 08 February 2021which reads as follows:
"G.R. No. 253094 (Fernando Catanaoan y Capuz v. People of thePhilippines).
This is a Petition for Review on Certiorari1 assailing the Court of Appeals' (CA) Decision 2 dated January 10, 2020 and Resolution dated July 16, 2020 in CA-G.R. CR No. 40635 which affirmed the Regional Trial Court's (RTC) Decision 3 dated October 27, 2017 convicting Fernando Catanaoan y Capuz (petitioner) of frustrated homicide. HTcADC
In the meantime, the Court resolves to GRANT petitioner's motion for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari.
Considering the allegations, issues, and arguments adduced in the petition for review on certiorari, the Court finds no cogent reason to deviate from the CA and the RTC's findings that petitioner is guilty of frustrated homicide. However, the imposed indeterminate sentence of (three) 3 years of prision correccional, as minimum, to (eight) 8 years of prision mayor, as maximum, as well as the award of damages must be modified.
The crime of frustrated homicide is punishable by prision mayor which has a range of 6 years and 1 day to 12 years. Applying the Indeterminate Sentence Law, and considering that there are neither mitigating nor aggravating circumstances, the maximum term of the indeterminate sentence should be taken from the medium period of the prescribed penalty, or between 8 years and 1 day to 10 years. Thus, we deem it proper to adjust the maximum term of the indeterminate sentence to 8 years and 1 day. On the other hand, the CA and the RTC correctly imposed the minimum term of the indeterminate sentence which is within the range of the penalty next lower in degree than that prescribed, or prision correccional ranging from 6 months and 1 day to 6 years.
Anent the civil liability of the accused, the CA granted the victim P5,000.00 as temperate damages, and P5,000.00 as moral damages. In Peoplev. Jugueta, 4 however, the victim of frustrated homicide is entitled to P30,000.00 as civil indemnity, and P30,000.00 as moral damages. Thus, we deem it proper to delete the award of temperate damages and to increase the amount of moral damages pursuant to prevailing jurisprudence.
FOR THESE REASONS, the petition is DENIED. The petitioner FERNANDO CATANAOAN y CAPUZ is found guilty of frustrated homicide and is sentenced to suffer an indeterminate penalty of (three) 3 years of prision correccional, as minimum, to (eight) 8 years and (one) 1 day of prision mayor, as maximum. Also, the petitioner is ordered to pay the victim P30,000.00 as civil indemnity, and P30,000.00 as moral damages, which shall all earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. The award of temperate damages is deleted.
SO ORDERED."
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-32.
2.Id. at 37-47; penned by Associate Justice Ronaldo Roberto B. Martin, with the concurrence of Associate Justices Remedios A. Salazar-Fernando and Danton Q. Bueser.
3.Id. at 71-83; penned by Pairing Judge Liwliwa S. Hidalgo-Bucu.
4. 783 Phil. 806 (2016).