FIRST DIVISION
[G.R. No. 261281. January 25, 2023.]
MARIA CLAUDIA BELINDA C. LIM, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 25, 2023which reads as follows: DETACa
"G.R. No. 261281 (Maria Claudia Belinda C. Lim v. People of the Philippines). — The Court resolves to DENY the Petition for Review on Certiorari for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction pursuant to Section 6, Rule 45 of the Rules of Court, and for lack of merit in the appeal pursuant to Sec. 5, Rule 45 in relation to Sec. 5 (b), Rule 56 of the Rules of Court. 1
As correctly held by the Metropolitan Trial Court (MeTC), Regional Trial Court (RTC), and the Court of Appeals (CA), all the elements of the crime of Slight Physical Injuries under paragraph 2, Article 266 2 of the Revised Penal Code (RPC) were proven by the prosecution's evidence, warranting affirmance of the judgment of the courts a quo convicting petitioner Maria Claudia Belinda C. Lim. The records show that the prosecution was able to prove petitioner's guilt beyond reasonable doubt. The testimonies of the prosecution witnesses identified petitioner as the assailant. Their testimonies were duly corroborated by the video footage presented by the parties, which clearly showed petitioner punching private complainant Michelle C. Brabante (Michelle) in the face. Hence, it remains undisputed that petitioner physically assaulted Michelle on the date and time of the alleged incident.
However, the penalty should be further modified to include the penalty of censure following Art. 266 of the RPC, 3 prior to its amendment by Republic Act No. 10951: 4
ART. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
xxx xxx xxx
2. By arresto menoror a fine not exceeding 200 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. (Emphasis supplied) HTcADC
Moreover, pursuant to prevailing jurisprudence, the moral damages awarded to private complainant Michelle in the amount of PHP5,000.00 shall earn legal interest at the rate of six percent (6%) per annum from date of finality of this Resolution until full payment. 5
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated October 19, 2021 and the Resolution dated June 6, 2022 of the Court of Appeals in CA-G.R. SP No. 166251 are AFFIRMED with MODIFICATION. Petitioner Maria Claudia Belinda C. Lim is found GUILTY beyond reasonable doubt of the crime of Slight Physical Injuries under paragraph 2, Article 266 of the Revised Penal Code. Accordingly, she is meted the penalty of CENSURE and is ordered to PAY the fine of PHP200.00.
Petitioner Maria Claudia Belinda C. Lim is further ordered to PAY Michelle C. Brabante PHP5,000.00 as moral damages. This amount shall earn six percent (6%) legal interest per annum from the finality of this Resolution until fully paid. HTcADC
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Miranda v. People, 680 Phil. 126, 134-136 (2012).
2. Article 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
xxx xxx xxx
2. By arresto menor or a fine not exceeding 200 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
xxx xxx xxx
3. The applicable law at the time of the commission of the crime, which provides a lower threshold of fine, and thus, more beneficial to the petitioner.
4. Entitled "AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS 'THE REVISED PENAL CODE,' AS AMENDED." Approved: August 29, 2017.
5. People v. Jugueta, 783 Phil. 806, 854 (2016).