SECOND DIVISION
[G.R. No. 254562. February 10, 2021.]
LOURDES VIRGINIA VIGIL y VERSOZA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 February 2021which reads as follows: HTcADC
"G.R. No. 254562 (Lourdes Virginia Vigil y Versoza v. People of the Philippines). — After a review of the records, this Court resolves to DENY the petition for review on certiorari for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 18, 2020 Decision 1 and November 11, 2020 Resolution 2 as to warrant the exercise of this Court's appellate jurisdiction.
As correctly held by the CA, all the elements of the crime of Slight Physical Injuries under paragraph 2, Article 266 3 of the Revised Penal Code (RPC) were proven by the prosecution's evidence, warranting affirmance of the judgment of the courts a quo convicting Lourdes Virginia Vigil y Versoza (petitioner).
This Court, however, modifies the penalty meted out to petitioner in accordance with the provisions of the RPC and prevailing jurisprudence. Article 27 4 of the RPC states that the penalty of arresto menor ranges from one (1) day to thirty (30) days. Since the provisions of the Indeterminate Sentence Law is inapplicable to cases where the maximum imposable penalty does not exceed one (1) year, 5 a straight penalty of arresto menor in its medium period should be meted out against petitioner. 6 In this case, there was no mitigating or aggravating circumstance alleged and proved. Hence, petitioner shall suffer a straight penalty of fifteen (15) days of arresto menor. 7
WHEREFORE, the Court AFFIRMS with MODIFICATION the June 18, 2020 Decision and November 11, 2020 Resolution of the Court of Appeals in CA-G.R. CR No. 43920, finding petitioner Lourdes Virginia Vigil y Versoza GUILTY beyond reasonable doubt of Slight Physical Injuries, defined and penalized under paragraph 2 of Article 266 of the Revised Penal Code, in that petitioner is SENTENCED to a straight penalty of fifteen (15) days of arresto menor. The award of P5,000.00 moral damages, which shall earn six percent (6%) legal interest from the finality of this Resolution until its satisfaction, stands.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 32-39; penned by Associate Justice Franchito N. Diamante with Associate Justices Germano Francisco D. Legaspi and Ruben Reynaldo G. Roxas, concurring.
2.Id. at 41-42.
3. ART. 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 20 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
4. ART. 27. x x x
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.
5.S/Sgt. Paman v. People of the Philippines, 813 Phil. 139, 148 (2017).
6.Yap v. People of the Philippines, G.R. No. 234217, November 14, 2018.
7. The penalty is covered by Article 88a of the Revised Penal Code on Community Service, A.M. No. 20-06-14-SC.