SECOND DIVISION
[G.R. No. 238323. June 6, 2018.]
MONICA FERNANDEZ AND CHRISTIAN PRADEZ, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 June 2018which reads as follows: HTcADC
"G.R. No. 238323 (Monica Fernandez and Christian Pradez v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the petition and AFFIRM the October 13, 2017 Decision 1 and March 5, 2018 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 39208 for failure of petitioners Monica Fernandez and Christian Pradez (petitioners) to sufficiently show that the CA committed any reversible error in convicting them of the crime of Slight Physical Injuries, as defined and penalized under paragraph 1, Article 266 of the Revised Penal Code.
As correctly ruled by the CA, the prosecution was able to prove with moral certainty, through the positive testimony of AAA, 3 further bolstered by the photographs and medico-legal certificate, that petitioners indeed caused and inflicted slight physical injuries on AAA. Records show that petitioners actually whacked the back of AAA's head several times, strangled, and dragged him outside of the computer shop, and threatened to kill him. It is settled that the trial court's evaluation of the testimonies of witnesses is accorded the highest respect in light of its opportunity to directly observe them on the witness stand and to determine if they are telling the truth. 4 Its actual findings, which, when adopted and confirmed by the CA, are binding and conclusive on this Court. 5
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 35-54-A. Penned by Associate Justice Apolinario D. Bruselas, Jr. with Associate Justices Leoncia R. Dimagiba and Henri Jean Paul B. Inting concurring.
2.Id. at 18-21. Penned by Associate Justice Apolinario D. Bruselas, Jr. with Associate Justices Ramon R. Garcia and Henri Jean Paul B. Inting concurring.
3. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (approved on November 15, 2004).
4.People v. Asuela, 653 Phil. 386, 390 (2010).
5. See Insular Investment and Trust Corporation v. Capital One Equities Corporation, 686 Phil. 819, 830-831 (2012); citation omitted.