SECOND DIVISION
[G.R. No. 210581. March 10, 2014.]
REYNALDO LOVETE, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 10 March 2014which reads as follows:
G.R. No. 210581 (Reynaldo Lovete v. People of the Philippines).
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the February 21, 2013 Decision 1 and November 26, 2013 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CEB-CR. No. 01626 for failure of Reynaldo Lovete (petitioner) to show that the CA committed any reversible error in affirming his conviction for frustrated homicide punishable under Article 249 of the Revised Penal Code.
As correctly held by the CA, the intent to kill was established in this case in that: (a) petitioner used a deadly weapon to stab the private complainant; (b) the latter suffered two (2) mortal wounds in the liver and in the chest; and (c) absent immediate medical treatment, the private complainant would have died. Consequently, petitioner's conviction was properly upheld. THaCAI
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 72-82. Penned by Associate Justice Carmelita Salandanan-Manahan, with Associate Justices Ramon Paul L. Hernando and Maria Elisa Sempio Diy, concurring.
2. Id. at 89-90.