FIRST DIVISION
[G.R. No. 247542. October 16, 2019.]
DIOSDADO ESTIMADA y GAVIOLA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 16, 2019which reads as follows:
"G.R. No. 247542 (Diosdado Estimada y Gaviola v. People of the Philippines)
After a review of the records, this Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its November 28, 2018 Decision 1 and May 23, 2019 Resolution, 2 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly held by the CA, all the elements of the crime of attempted homicide under Article 249 3 of the Revised Penal Code (RPC) were proven by the prosecution's evidence warranting the affirmance of the judgment of the courts a quo convicting petitioner.
The Court, however, deems it proper to modify the penalty imposed upon petitioner in line with Our ruling in People v. Jugueta. 4 Petitioner is, thus, ordered to pay private complainant P20,000.00 as civil indemnity and P20,000.00 as moral damages, with legal interest at the rate of six percent (6%) per annum. HTcADC
WHEREFORE, the petition is DENIED. The November 28, 2018 Decision and the May 23, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 40831, finding petitioner Diosdado Estimada y Gaviola GUILTY beyond reasonable doubt of Attempted Homicide as defined under Article 249 and penalized under Article 250 of the Revised Penal Code, are AFFIRMED with MODIFICATION. Petitioner is hereby SENTENCED to suffer the penalty of imprisonment for an indeterminate period of six (6) months of arresto mayor, as minimum, to two (2) years, four (4) months, and one (1) day of prision correccional, as maximum. He is further ORDERED to pay the victim the amount of P20,000.00 as civil indemnity and P20,000.00 as moral damages, with legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment thereof.
SO ORDERED."Perlas-Bernabe, J., on Official Business; Gesmundo, J., designated as Acting Working Chairperson per Special Order No. 2717 dated October 10, 2019; Zalameda, J., designated as Additional Member per Special Order No. 2712 dated September 27, 2019. CAIHTE
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 37-47; penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Geraldine C. Fiel-Macaraig and Gabriel T. Robeniol, concurring.
2.Id. at 49-49-A.
3. Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
4. 783 Phil. 806 (2016).