Case Digest (G.R. No. 110898) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Hon. Judge Antonio C. Evangelista and Grildo S. Tugonan (G.R. No. 110898, February 20, 1996; 324 Phil. 80), private respondent Grildo S. Tugonan was charged with frustrated homicide for stabbing Roque T. Bade on May 26, 1988 at around 9:00 p.m. in Barangay Poblacion, Villanueva, Misamis Oriental. The Regional Trial Court (Branch 21) found Tugonan guilty under Article 249 in relation to Article 6 of the Revised Penal Code and sentenced him to one year of prision correccional (minimum) plus damages and costs, appreciating the mitigating circumstances of incomplete self-defense and voluntary surrender. On January 23, 1992, the Court of Appeals affirmed the conviction but imposed an indeterminate penalty of two months of arresto mayor (minimum) to two years and four months of prision correccional (maximum). After the appellate decision, Tugonan filed a petition for probation with the RTC on December 28, 1992. The Probation Officer recommended denial Case Digest (G.R. No. 110898) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Petitioner: People of the Philippines.
- Respondents:
- Hon. Judge Antonio C. Evangelista, Presiding Judge, Branch 21, RTC of Misamis Oriental, Cagayan de Oro City.
- Private respondent Grildo S. Tugonon.
- Underlying Incident and Trial Proceedings
- Incident and Charge
- On May 26, 1988, at about 9:00 PM in Barangay Poblacion, Villanueva, Misamis Oriental, Tugonon stabbed Roque T. Bade in the right iliac area with intent to kill; inflicted a 0.5 cm non-perforating lacerating wound.
- Charged with frustrated homicide under Article 249 in relation to Article 6 of the Revised Penal Code.
- Regional Trial Court (RTC) Decision
- Found guilty of frustrated homicide.
- Sentence: one year of prision correccional in its minimum period; ordered to pay ₱5,000.00 for medical expenses; no subsidiary imprisonment; appreciated incomplete self-defense (privileged mitigating) and voluntary surrender (mitigating).
- Court of Appeals (CA) Decision
- Affirmed the conviction.
- Modified the sentence to an indeterminate penalty of two months of arresto mayor (minimum) to two years and four months of prision correccional (maximum).
- Probation Proceedings
- Filing of Application
- December 28, 1992: After CA’s affirmance, Tugonon filed an application for probation in the RTC, alleging he met qualifications under P.D. No. 968, as amended.
- Probation Officer’s Recommendation
- February 18 and April 16, 1993: Chief Probation and Parole Officer recommended denial, reasoning that Tugonon had perfected an appeal and thereby waived his right to probation under the amended law.
- RTC Order
- April 23, 1993: RTC granted the application for probation and set aside the Probation Officer’s recommendation.
- Petition for Certiorari
- The People filed a petition with the Supreme Court, alleging grave abuse of discretion by the RTC in granting probation despite the perfected appeal.
Issues:
- Whether the RTC committed a grave abuse of discretion by granting probation to Tugonon despite his having perfected an appeal from his conviction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)