Case Digest (G.R. No. 89606)
Facts:
Agustin Salgado, G.R. No. 89606, August 30, 1990, Supreme Court First Division, Medialdea, J., writing for the Court. This petition for review on certiorari seeks to annul the Court of Appeals' decision in CA-G.R. SP No. 15493 which affirmed the Regional Trial Court of Quezon City (Branch 86) order issuing a writ of execution to enforce the civil liability adjudged against petitioner in a criminal case.Petitioner Agustin Salgado was tried in Criminal Case No. Q-33798 (People of the Philippines v. Agustin Salgado) before the RTC, Branch 86, and on October 16, 1986 was convicted of serious physical injuries and sentenced to suffer imprisonment for four months and twenty days and ordered to indemnify private respondent Francisco Lukban, Jr. P126,633.50 as actual damages and P50,000.00 for loss of business (total P176,633.50). No appeal was taken from that judgment.
On October 17, 1986 petitioner applied for probation; the trial court granted probation in an Order dated April 15, 1987 containing, among other conditions, that petitioner "indemnify the victim FRANCISCO LUKBAN, JR., in a monthly installment of P2,000.00 every month during the entire period of his probation." Petitioner paid P2,000 monthly by check through the City Probation Officer for May–October 1987, and Francisco Lukban, Jr. accepted and encashed the checks.
On September 19, 1987 private respondent filed a motion for issuance of a writ of execution to enforce the civil award. The trial court granted the motion and issued the writ on November 18, 1987; it denied petitioner's motion for reconsideration on December 22, 1987. Petitioner filed directly with the Supreme Court a petition for review which this Court referred to the Court of Appeals on April 13, 1988.
The Court of Appeals (Fourteenth Division) rendered judgment on March 16, 1989 affirming the trial court's issuance of the writ of execution; it denied a motion for reconsideration on August 3, 1989. Petitioner then moved for review before the Supreme Court via a petition filed Sep...(Subscriber-Only)
Issues:
- Did the April 15, 1987 probation order modify or alter the October 16, 1986 judgment as to the civil liability adjudged in favor of Francisco Lukban?
- Was the condition in the probation order requiring monthly indemnity payments of P2,000 during probation an authorized exercise of the trial court’s discretion under the Probat...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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