FIRST DIVISION
[G.R. No. 242455. March 4, 2019.]
GALICANO S. DATU III, petitioner, vs.PEOPLE OF THE PHILIPPINES, AS HEREIN REPRESENTED BY THE OFFICE OF THE SOLICITOR GENERAL, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 4, 2019 which reads as follows:
"G.R. No. 242455 (Galicano S. Datu III v. People of the Philippines, as herein represented by the Office of the Solicitor General)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its March 1, 2018 Decision 1 and October 3, 2018 Resolution 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, the Regional Trial Court of Makati City, Branch 59 (RTC) committed grave abuse of discretion amounting to lack or excess of jurisdiction when it granted petitioner's application for probation. The RTC merely relied on the post investigation report of the Makati City Parole and Probation Office (MCPPO) and failed to make its own determination whether the granting of probation or not would serve the ends of justice and the best interest of the public. The RTC only had a blanket statement that it took into consideration the post-investigation report of the MCPPO and the "best interests of justice and of the public" would be served in suspending his sentence. It had no other basis or support in granting petitioner's application. Moreover, probation is not granted if it depreciates the seriousness of the crime committed. To allow petitioner to be placed under probation would depreciate the seriousness of the crime. The circumstances surrounding the killing of George Anikow (Anikow) showed the gravity of the crime and to grant probation to the perpetrators would clearly diminish its seriousness. The evidence at the trial established that Anikow was stabbed, kicked, and punched multiple times, even after disengaging from his attackers and despite his inability to defend himself or to retaliate, resulting to his death. The nature of the crime of homicide and the manner of its commission are undoubtedly serious.
WHEREFORE, the petition is DENIED. The March 1, 2018 Decision and the October 3, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 138847 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 44-59; penned by Associate Justice Pablito A. Perez with Associate Justices Ramon M. Bato, Jr. and Ramon A. Cruz, concurring.
2.Id. at 60-64.