SECOND DIVISION
[G.R. No. 235105. June 6, 2018.]
SABIDO ROMBANO y NEGRITE, 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: SDHTEC
"G.R. No. 235105 — Sabido Rombano y Negrite versus People of the Philippines
After reviewing the Petition and its annexes, inclusive of the Court of Appeals (CA) Decision 1 dated June 30, 2017 and Resolution 2 dated October 19, 2017 in CA-G.R. CR No. 38399, and the Judgment 3 dated December 27, 2015 of the Regional Trial Court (RTC), Branch 60, Iriga City, in Criminal Case No. IR-8678, the Court resolves to DENY the Petition for failure of petitioner Sabido Rombano (petitioner) to sufficiently show that the CA committed any reversible error in the challenged Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The factual findings of the CA and the RTC are that: (1) accused Bienvenido Marmol (accused Marmol) immobilized private complainant Cecilio Banaria (private complainant) by wresting and twisting the latter's left arm while petitioner stabbed private complainant on his left side with a 12-inch fan knife, showing conspiracy between accused Marmol and petitioner in attempting to kill private complainant; (2) there was intent to kill, which was evidenced by petitioner's use of a 12-inch fan knife; (3) private complainant had received timely medical attention, and that the stab wound inflicted upon him was not fatal and may be treated with Betadine to prevent any infection or further complication; and (4) there is no evidence or allegation that the attempted killing was attended by any circumstance which would qualify it as Attempted Murder, Parricide or Infanticide. Thus, it correctly ruled that all of the elements of Attempted Homicide were present, with petitioner and accused Marmol conspiring with each other in committing the said offense, making petitioner's conviction proper.
As for the amount of civil indemnity and damages, the Court in People v. Jugueta4 had modified the amounts of indemnity and damages for, among others, Attempted Homicide, increasing the civil indemnity to P20,000.00. Thus, and in view of accused Marmol's availment of probation, the said amount should be, as it is hereby, imposed solely on petitioner. However, the grant of exemplary and temperate damages is hereby deleted, there being no evidence of any aggravating circumstance attending the act, and that the private complainant had survived the stabbing.
WHEREFORE, the Court AFFIRMS WITH MODIFICATION the Decision dated June 30, 2017 and Resolution dated October 19, 2017 in CA-G.R. CR No. 38399. Petitioner Sabido Rombano y Negrite is hereby found GUILTY beyond reasonable doubt of the crime of Attempted Homicide and shall suffer the indeterminate penalty of IMPRISONMENT ranging from six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum. As modified, he is also ordered to pay private complainant Cecilio Banaria the amounts of TWENTY THOUSAND PESOS (P20,000.00) as civil indemnity, TWENTY THOUSAND PESOS (P20,000.00) as moral damages, TWENTY THOUSAND PESOS (P20,000.00) as attorney's fees, and FIVE THOUSAND PESOS (P5,000.00) as litigation expenses, all with legal interest at the rate of 6% per annum from the finality of judgment until fully paid.
On the other hand, the award of exemplary and temperate damages by the RTC in the amounts of Ten Thousand Pesos (P10,000.00) and Five Thousand Pesos (P5,000.00), as affirmed by the CA, is hereby DELETED. AScHCD
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 32-43. Penned by Associate Justice Romeo F. Barza and concurred in by Associate Justices Socorro B. Inting and Pedro B. Corales.
2.Id. at 45 to 45-A.
3.Id. at 65-70. Penned by Judge Timoteo A. Panga, Jr.
4. 783 Phil. 806 (2016).