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[G.R. No. 127962.� October 20, 2004]

NU�EZ vs. PEOPLE

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 20 2004 .

G.R. No. 127962 (Kingston Li y Nu�ez vs. People and Court of Appeals.)

On April 14, 2004, the Court promulgated a decision in the herein case, the dispositive portion of which reads:

WHEREFORE, the Decision of the Court of Appeals is MODIFIED. Petitioner Kingston Li is ACQUITTED of the charge of Homicide for lack of evidence beyond reasonable doubt. However, he is found GUILTY of the crime of SLIGHT PHYSICAL INJURIES, as defined and punished by Article 266 of the Revised Penal Code, and accordingly sentenced to suffer the penalty of arresto menor in the medium period of ten (10) to twenty (20) days. Considering that petitioner has been incarcerated well-beyond the period of the penalty herein-imposed, the Director of the Bureau of Prison is ordered to cause petitioner's IMMEDIATE RELEASE, unless petitioner is being lawfully held for another cause, and to INFORM this court, within five (5) days from receipt of this Decision, of the compliance with such order.

However, Sec. 2 of the Indeterminate Sentence Law (Rep. Act No. 4103, as amended) states that the Act shall not apply to persons convicted of offenses punished by a maximum term of imprisonment which does not exceed one (1) year.

WHEREFORE, the Entry of Judgment dated April 14, 2004 is recalled and the dispositive portion of the decision dated April 14, 2004 modified as follows:

WHEREFORE, the Decision of the Court of Appeals is MODIFIED. Petitioner Kingston Li y Nu�ez is ACQUITTED of the charge of Homicide for lack of evidence beyond reasonable doubt. However, he is found GUILTY of the crime of SLIGHT PHYSICAL INJURIES, as defined and punished by Article 266 of the Revised Penal Code, and accordingly sentenced to suffer imprisonment of ten (10) days of arresto menor. Considering that petitioner has been incarcerated well-beyond the period of the penalty herein-imposed, the Director of the Bureau of Prison is ordered to cause petitioner's IMMEDIATE RELEASE, unless petitioner is being lawfully held for another cause, and to INFORM this court, within five (5) days from receipt of this Decision, of the compliance with such order.

Very truly yours,

LUDICHI YASAY-NUNAG
Clerk of Court

(Sgd.) MA. LUISA L. LAUREA

Asst. Clerk of Court

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