Case Digest (G.R. No. 248317)
Facts:
Pedrito Garma y Miguel alias "Willy", G.R. No. 248317, March 16, 2022, Third Division, Lazaro-Javier, J., writing for the Court. The petitioner sought review of the Court of Appeals' Amended Decision dated June 18, 2019 in CA-G.R. CR No. 39545 affirming his conviction for grave threats under Article 282 of the Revised Penal Code.On February 15, 2010 a criminal complaint charged petitioner and his twin brother Reynaldo Garma with making the Ilocano remark "Patayen mi koman" ("We should have killed him") directed at Barangay Captain Roseller Ballon on February 11, 2010 in Sitio Rissik, Barangay Mabuno, Gattaran, Cagayan. The case was raffled to the Municipal Trial Court (MTC) — Gattaran where both pleaded not guilty. Two days after the preliminary conference, Reynaldo died (June 20, 2010); his death was later noted and the complaint dismissed as to him.
At trial the prosecution presented Barangay Captain Ballon and Marlon P. Timple, Jr.; petitioner testified in his own defense. The prosecution’s theory was that the Garma twins, while chasing persons illegally fishing in the petitioners’ fishpond, stopped upon seeing the three farmers working for Ballon, asked if Ballon was with them, and petitioner uttered the threatening phrase; Ballon then became fearful given an ongoing dispute over a water impounding project.
The MTC (Decision dated June 28, 2016) convicted petitioner of grave threats under Article 282(2), imposing medium period arresto mayor and a fine. The Regional Trial Court — Branch 6, Aparri affirmed the conviction (Decision dated January 3, 2017). The Court of Appeals affirmed in main on December 11, 2018 but modified the penalty; its Amended Decision of June 18, 2019 again modified the sentence and adopted the OSG’s recommendation not to apply ...(Subscriber-Only)
Issues:
- Did the Court of Appeals decide a question of substance in a way probably not in accord with law or the applicable decisions of the Co...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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