SECOND DIVISION
[G.R. No. 237854. June 6, 2018.]
ERIC RESCUBILLO y ADRIATICO, petitioner, 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: AHCETa
"G.R. No. 237854 (Eric Rescubillo y Adriatico v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM with MODIFICATION the November 7, 2017 Decision 1 and February 28, 2018 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 37325 finding petitioner Eric Rescubillo y Adriatico (petitioner) GUILTY beyond reasonable doubt of the crime of Attempted Homicide, as defined and penalized under Article 249, in relation to Article 51 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of four (4) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum. Further, he is ordered to pay Edward P. Magtalas the following amounts: (a) P10,000.00 as moral damages; and (b) P50,000.00 as temperate damages. Pursuant to prevailing law and jurisprudence, all monetary awards shall earn an interest at the legal rate of 6% per annum from the date of finality of this Resolution until full payment. 3
As correctly ruled by the CA, petitioner is criminally liable for Attempted Homicide, considering that: (a) he and his companions attacked the victim with deadly weapons; and (b) they failed to perform all the acts of execution by reason of causes independent of their own will as the victim was able to run and hide from them. It is settled that there is an attempt to commit a felony where the offender commences the commission of a felony directly by overt acts but does not perform all the acts of execution due to a cause or accident other than the offender's own spontaneous desistance. 4
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 27-39. Penned by Associate Justice Rafael Antonio M. Santos with Associate Justices Marlene Gonzales-Sison and Socorro B. Inting concurring.
2.Id. at 40-44.
3. See Serrano v. People, 637 Phil. 319, 338 (2010); citations omitted. See also People v. Jugueta, 783 Phil. 806, 852 (2016).
4.Id. at 335.