Case Summary (G.R. No. 110898)
Appeal and Modified Sentence
On appeal, the Court of Appeals affirmed the conviction but imposed an indeterminate penalty of two months arresto mayor (minimum) to two years and four months prisión correccional (maximum).
Probation Application and Recommendations
While repromulgation was set for January 4, 1993, private respondent filed a petition for probation on December 28, 1992. He asserted his eligibility under P.D. No. 968 (as amended), the reduction of sentence on appeal, and precedent in Santos To v. PaAo. The Provincial Probation Officer recommended denial, reasoning that by perfecting an appeal he waived his right to probation.
RTC’s Grant of Probation
Despite the probation officer’s recommendation, the RTC granted probation on April 23, 1993, finding no bar to probation once the appellate decision became final.
Issue
Whether the RTC acted with grave abuse of discretion by granting probation to an appellant who had perfected his appeal from a judgment of conviction.
Probation Law Framework
Under P.D. No. 968, as amended by P.D. No. 1990, Section 4 provides that a defendant may apply for probation “within the period for perfecting an appeal,” but “no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.” Filing for probation is deemed a waiver of the right to appeal.
Supreme Court Analysis
The Court held that the 1986 amendment to P.D. No. 968 was designed to prevent convicted persons from using appeals as
...continue readingCase Syllabus (G.R. No. 110898)
Title and Citation
- G.R. No. 110898; Decision rendered February 20, 1996 by the Supreme Court of the Philippines
- Reported in 324 Phil. 80; 92 Official Gazette No. 44, 7231 (October 28, 1996)
- Second Division; Mendoza, J., delivered the opinion
Facts of the Case
- Private respondent Grildo S. Tugonon was charged with frustrated homicide under Article 249 in relation to Article 6 of the Revised Penal Code.
- The incident occurred on or about May 26, 1988 at around 9:00 PM in Barangay Poblacion, Municipality of Villanueva, Province of Misamis Oriental.
- With intent to kill and armed with a knife, the accused assaulted and stabbed Roque T. Bade, inflicting a 0.5 cm penetrating but non-perforating wound to the posterior peritoneum.
- Timely medical attendance prevented the victim’s death, constituting the crime of frustrated homicide.
Trial Court Proceedings
- The Regional Trial Court (Branch 21, Misamis Oriental) found private respondent guilty.
- He was sentenced to one year of prision correccional in its minimum period.
- The court ordered payment of ₱5,000.00 for the offended party’s medical expenses, imposed costs and denied subsidiary imprisonment.
- The trial court recognized the privileged mitigating circumstance of incomplete self-defense and the ordinary mitigating circumstance of voluntary surrender.
Appeal to the Court of Appeals
- Private respondent appealed the RTC judgment.
- In a decision dated January 23, 1992, the Court of Appeals affirmed the conviction but modified the sentence to an indeterminate penalty:
- Two months of arresto mayor as minimum
- Two years and four months of prision correccional as maximum
Petition for Probation Before the RTC
- On December 28, 1992, private respondent filed a probation application under P.D. No. 968, as amended.
- He argued that:
- He possessed all qualifications and no disqualifications for probation.
- The Court of Appeals had already reduced his penalty.
- The appellate court took no action on his earlier petition for probation.
- The trial court had appreciated mitigating circumstances.
- Santos To v. Pao (120 SCRA 8, 1983) upheld