August 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 192103 : August 16, 2010] RAMON J. ALMEDA V. PEOPLE OF THE PHILIPPINES :
[G.R. No. 192103 : August 16, 2010]
RAMON J. ALMEDA V. PEOPLE OF THE PHILIPPINES
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 16 August 2010 which reads as follows:
G.R. No. 192103 (RAMON J. ALMEDA V. PEOPLE OF THE PHILIPPINES). - Acting on the petition for review on certiorari assailing the Decision of the Court of Appeals dated January 18, 2010 and its Resolution dated April 28, 2010 in CA-G.R. CR No. 29986, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error as to warrant the exercise by this Court of its appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision of the Court of Appeals dated January 18, 2010 and its Resolution dated April 28, 2010 in CA-G.R. CR No. 29986 and AFFIRMS said Decision finding petitioner Ramon Almeda y Jauwian guilty beyond reasonable doubt of the crime of Slight Physical Injuries. However, this Court resolves to MODIFY the penalty imposed to the effect that petitioner is hereby sentenced to suffer the straight penalty of imprisonment of fifteen (15) days for the reason that the Indeterminate Sentence Law does not apply to convicted accused whose maximum term of imprisonment does not exceed one year. Nachura, J., recused himself from the case due to prior action as Solicitor General; Del Castillo, J., designated additional member per Raffle dated 4 August 2010.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Reason: The guilt of petitioner was proven beyond reasonable doubt by the lower courts, which was affirmed by the Court of Appeals. Hence, factual in nature. Petitioner failed to establish sufficient evidence to warrant a reversal of the decision of the Court of Appeals.
G.R. No. 192103 (RAMON J. ALMEDA V. PEOPLE OF THE PHILIPPINES). - Acting on the petition for review on certiorari assailing the Decision of the Court of Appeals dated January 18, 2010 and its Resolution dated April 28, 2010 in CA-G.R. CR No. 29986, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error as to warrant the exercise by this Court of its appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision of the Court of Appeals dated January 18, 2010 and its Resolution dated April 28, 2010 in CA-G.R. CR No. 29986 and AFFIRMS said Decision finding petitioner Ramon Almeda y Jauwian guilty beyond reasonable doubt of the crime of Slight Physical Injuries. However, this Court resolves to MODIFY the penalty imposed to the effect that petitioner is hereby sentenced to suffer the straight penalty of imprisonment of fifteen (15) days for the reason that the Indeterminate Sentence Law does not apply to convicted accused whose maximum term of imprisonment does not exceed one year. Nachura, J., recused himself from the case due to prior action as Solicitor General; Del Castillo, J., designated additional member per Raffle dated 4 August 2010.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Reason: The guilt of petitioner was proven beyond reasonable doubt by the lower courts, which was affirmed by the Court of Appeals. Hence, factual in nature. Petitioner failed to establish sufficient evidence to warrant a reversal of the decision of the Court of Appeals.