CASE 2018-0024: JOHNNY GARCIA YAP VS PEOPLE (G.R. NO. 234217, 27 NOV 2018, PERALTA, J) (SUBJECT/S: ATTEMPTED MURDER DOWNGRAGED TO SLIGHT PHYSICAL INJURIES) (BRIEF TITLE: YAP VS PEOPLE)

 

DISPOSITIVE:

 

“WHEREFORE, the instant petition for review on certiorari is PARTLY GRANTED. The Decision of the Court of Appeals, dated March 8, 2017, in CA-G.R. CR No. 38903, which affirmed the August 7, 2015 Decision of the Regional Trial Court of Manila, Branch 27 in Criminal Case No. 13-297324, finding herein petitioner guilty of the crime of attempted murder, is hereby MODIFIED and instead finds petitioner GUILTY beyond reasonable doubt of the crime of slight physical injuries, as defined and penalized under Article 266 of the Revised Penal Code, and sentenced to suffer the penalty of fifteen (15) days of arresto menor. Petitioner is ORDERED to PAY the victim, George Hao Ang, moral damages in the sum of Five Thousand Pesos (P5,000.00).

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT IS THE CRIME IF THERE IS NO INTENT TO KILL BUT WOUNDS ARE INFLICTED?

 

PHYSICAL INJURIES ONLY.

 

“Based on the foregoing circumstances, while it is clear that petitioner really intended to harm Ang, it cannot be concluded nor inferred beyond doubt that in causing the injuries of Ang, petitioner had intended to kill him. When such .intent is lacking but wounds are inflicted upon the victim, the crime is not attempted murder but physical injuries only.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

  

SCD-2018-0024-JOHNNY GARCIA YAP VS PEOPLE OF THE PHILIPPINES

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.