RODEL URBANO v. PEOPLE, GR No.
182750, 2009- Petitioner next contends that the mitigating
01-20
Facts:
Information filed before the RTC, petitioner was
charged with Homicide... at around 8:00 p.m., the
victim Brigido Tomelden and petitioner were at the
compound of the Lingayen Water District (LIWAD)
having just arrived from a picnic in the nearby town
where... they drunk beer in a restaurant. While
inside the compound, the two had a heated
altercation in the course of which Tomelden hurled
insulting remarks at petitioner. Reacting, petitioner
asked why Tomelden, when drunk, has the
penchant of insulting petitioner.
The exchange of words led to an exchange of blows.
Then petitioner delivered a "lucky punch," as
described by... eyewitness... on Tomelden's face,
which made Tomelden topple down. Tomelden was
on the verge of hitting his head on the ground had
their companions not caught him and prevented the
fall. The blow, however, caused Tomelden's nose to
bleed and rendered him... unconscious.
Upon arriving home
Tomelden informed his wife, Rosario,... of the fight
the previous night and of his having been rendered
unconscious. He complained of pain in his nape,
head, and ear
The attending doctors observed the patient to be in
a state of drowsiness and frequent vomiting.
attending physician,... diagnosed Tomelden
suffering from "brain injury, secondary to mauling to
consider cerebral hemorrhage."
Tomelden died... to "cardio-respiratory arrest
secondary to cerebral concussion with resultant
cerebral hemorrhage due to mauling incident."...
defense presented petitioner who denied having
any intention to kill, asserting that hypertension, for
which Tomelden was receiving treatment, was the
cause of the latter's death.
RTC rendered judgment finding petitioner guilty as
charged
CA rendered a decision, affirming the conviction of
petitioner
circumstances of no intention to commit so grave a
wrong and sufficient provocation on the part of the
victim ought to be appreciated in petitioner's favor.
petitioner testified
At a restaurant in Bugallon, the group ordered goat's
meat and... drank beer. When it was time to depart,
Navarro asked petitioner to inform Tomelden, then
seated in another table, to prepare to leave.
When so informed, Tomelden insulted petitioner,
telling the latter he had no business stopping him
from further drinking as he was paying for his share
of the bill.
Upon reaching the LIWAD compound, Tomelden
allegedly slapped and hurled insults at him, calling
him "sipsip" just to maintain his employment as
Navarro's tricycle driver.
Petitioner maintained that he only boxed the victim
in retaliation, landing that lucky punch in the course
of parrying the latter's blows.
Issues:
erred in not appreciating the mitigating
circumstances of sufficient provocation on the part
of the victim and lack of intent to commit so grave a
wrong in favor of the petitioner.
Ruling:
petition is partly meritorious.
we agree with petitioner.
Paragraphs 3 and 4 of Art. 13, RPC provide as
follows:
Art. 13. Mitigating circumstances.--The following
are mitigating circumstances:
When the law speaks of provocation either as a
mitigating circumstance the reference is to an unjust
or improper conduct of the offended party capable
of exciting, inciting, or irritating anyone;... it is not...
enough that the provocative act be unreasonable or
annoying;... the provocation must be sufficient to
excite one to commit the wrongful act... and should
immediately precede the act.
In the instant case, Tomelden's insulting remarks
directed at petitioner and uttered immediately
before the fist fight constituted sufficient
provocation. This is not to mention other irritating
statements made by the deceased while they were
having beer
Petitioner... was the one provoked and challenged
to a fist fight.
It is abundantly clear from the above transcript that
the provocation came from Tomelden. In fact,
petitioner, being very much smaller in height and
heft, had the good sense of trying to avoid a fight.
But as events turned out, a fisticuff still ensued,
suddenly ending when... petitioner's lucky punch
found its mark.
Moreover, the mitigating circumstance that
petitioner had no intention to commit so grave a
wrong as that committed should also be
appreciated in his favor. While intent to kill may be
presumed from the fact of the death of the victim,
this mitigating factor may still be... considered when
attendant facts and circumstances so warrant
Consider: Petitioner tried to avoid the fight, being
very much smaller than Tomelden. He tried to parry
the blows of Tomelden, albeit he was able, during
the scuffle, to connect a lucky punch... that ended
the fight.
A bare-knuckle fight as a means to parry the
challenge issued by Tomelden was commensurate
to the potential violence petitioner was facing. It
was just unfortunate that Tomelden died from that
lucky punch, an eventuality that could have possibly
been averted... had he had the financial means to
get the proper medical attention.
Thus, it is clear that the mitigating circumstance of
"no intention to commit so grave a wrong as that
committed" must also be appreciated in favor of
petitioner while finding him guilty of homicide.
That... petitioner landed a lucky punch at
Tomelden's face while their co-workers were trying
to separate them is a compelling indicium that he
never intended so grave a wrong as to kill the victim.
PEOPLE v. JUNE IGNAS Y SANGGINO, GR Nos.
140514-15, 2003-09-30
Facts:
Appellant is an elementary school graduate. He
resided at Benguet, where he operated a bakery.
appellant's wife,... Wilma Grace Ignas,... confided to
her close friend,... Romenda... that she was having
an affair with Nemesio Lopate.
Romenda and Nemesio were sending off Wilma
Grace at the Ninoy Aquino International Airport as
she was leaving for Taiwan to work as a domestic
helper. Upon arrival in Manila, the trio checked...
at... with Nemesio and Wilma Grace sharing a room.
All three of them stayed at the inn until
Wilma Grace left for Taiwan.
Thereafter, Romenda received from Taiwan four
letters written by Wilma Grace on various
dates. Although all the letters were addressed to
Romenda, two of them were meant by Wilma Grace
to be read by her paramour, Nemesio.
In the other two letters,... Wilma Grace instructed
Romenda to reveal to appellant her affair with
Nemesio.
Romenda, following her bosom friend's written
instructions, informed appellant about the
extramarital affair
Romenda informed him that the two had spent a
day and a night together in a room at
Inn in Manila.
Appellant became furious. He declared
(There will be a day for that Nemesio. I will kill that
Nemesio)
Appellant then got all... the letters... according to
another prosecution witness,... a trader in
vegetables, she was at the Trading Post
Witness... said she was at the unloading area
(bagsakan), conversing with another dealer at the
latter's booth, when suddenly two gunshots
shattered the quiet evening.
She testified that she saw a person falling to the
ground.
Standing behind the fallen individual,... was another
person who... tucked a handgun into his waistband
and casually walked away.
She immediately recognized him as the appellant
June Ignas.
She said she was familiar with him as he was her
townmate and had known him for several... years.
According to witness on the scene, responding
policemen immediately brought the victim,
Nemesio Lopate, to the Benguet General Hospital
where he was pronounced dead on arrival.
SPO4 Arthur Bomagao... declared on the stand that
appellant voluntarily admitted to him that he shot
the victim with a .38 caliber handgun.
Bomagao further testified that appellant
surrendered to him the letters of Wilma Grace,
wherein the latter admitted her affair with Nemesio.
Appellant interposed the defense of alibi.
He averred that he was baking bread... on the night
Nemesio was killed.
trial court disbelieved appellant's defense and
sustained the prosecution's version.
MURDER
Appellant, firstly contends the lower court should
have considered at least the mitigating
circumstance of immediate vindication of a grave
offense as well as that of passion and obfuscation.
Appellant points out that the... victim's act of
maintaining an adulterous relationship with
appellant's wife constituted a grave offense to his
honor
Even the mere sight of the victim must have
triggered an uncontrollable emotional outburst... on
appellant's part, so that even a chance meeting
caused in him an irresistible impulse powerful
enough to overcome all reason and
restraint. Secondly, appellant points out that the
trial court failed to consider his voluntary surrender
as a mitigating circumstance.
Issues:
is the appellant entitled to benefit from any
mitigating circumstance?
Ruling:
we find that the prosecution's evidence suffices to
sustain the appellant's conviction for homicide.
According to the OSG, for the mitigating
circumstance of vindication of a grave offense to
apply, the vindication must be "immediate." This
view is not entirely accurate. The word "immediate"
in the English text is not the correct translation of
the controlling Spanish text of... the Revised Penal
Code, which uses the word "proxima."
The Spanish text, on this point, allows a lapse of time
between the grave offense and the actual
vindication.
we agree with the Solicitor General that the lapse of
two (2) weeks between his discovery of his wife's
infidelity and the killing of her supposed paramour
could no longer be... considered proximate. The
passage of a fortnight is more than sufficient time
for appellant to have recovered his composure and
assuaged the unease in his mind. The established
rule is that there can be no immediate vindication of
a grave offense when the accused had sufficient...
time to recover his serenity.
Thus, in this case, we hold that the mitigating
circumstance of immediate vindication of a grave
offense cannot be considered in appellant's favor.
We likewise find the alleged mitigating circumstance
of passion and obfuscation inexistent. The rule is
that the mitigating circumstances of vindication of a
grave offense and passion and obfuscation cannot
be claimed at the same time, if they arise from the
same facts or... motive.
In other words, if appellant attacked his victim in
proximate vindication of a grave offense, he could
no longer claim in the same breath that passion and
obfuscation also blinded him. Moreover, for passion
and obfuscation to be well founded,... the following
requisites must concur: (1) there should be an act
both unlawful and sufficient to produce such
condition of mind; and (2) the act which produced
the obfuscation was not far removed from the
commission of the crime by a considerable length of
time, during which the... perpetrator might recover
his moral equanimity
To repeat, the period of two (2) weeks which
spanned the discovery of his wife's extramarital
dalliance and the killing of her lover was sufficient
time for appellant to reflect and cool off.
Appellant further argues that the lower court erred
in failing to consider voluntary surrender as a
mitigating circumstance.
Records show, however, that leaflets and posters
were circulated for information to bring the killer of
Nemesio to justice. A team of police investigators
from La Trinidad,... Benguet then went to Kayapa,
Nueva Vizcaya to invite appellant for questioning.
Only then did he return to Benguet. But he denied
the charge of killing the victim. Clearly, appellant's
claimed surrender was neither spontaneous nor
voluntary.
BONGALON vs. PEOPLE
G.R. No. 169533, March 20, 2013
Not every instance of the laying of hands on a child
constitutes the crime of child abuse under Section 10
(a) of Republic Act No. 7610. Only when the laying of
hands is shown beyond reasonable doubt to be
intended by the accused to debase, degrade or
demean the intrinsic worth and dignity of the child
as a human being should it be punished as child
abuse. Otherwise, it is punished under the Revised
Penal Code.
FACTS: On May 11, 2002, Jayson Dela Cruz (Jayson)
and Roldan, his older brother, both minors, joined
the evening procession for the Santo Niño at Oro
Site in Legazpi City; that when the procession passed
in front of the petitioner’s house, the latter’s
daughter Mary Ann Rose, also a minor, threw stones
at Jayson and called him “sissy”; that the petitioner
confronted Jayson and Roldan and called them
names like “strangers” and “animals”; that the
petitioner struck Jayson at the back with his hand,
and slapped Jayson on the face; that the petitioner
then went to the brothers’ house and challenged
Rolando dela Cruz, their father, to a fight, but
Rolando did not come out of the house to take on
the petitioner; that Rolando later brought Jayson to
the Legazpi City Police Station and reported the
incident; that Jayson also underwent medical
treatment at the Bicol Regional Training and
Teaching Hospital; that the doctors who examined
Jayson issued two medical certificates attesting that
Jayson suffered contusions.
Petitioner denied having physically abused or
maltreated Jayson. He explained that he only talked
with Jayson and Roldan after his minor daughters
had told him about Jayson and Roldan’s throwing
stones at them and about Jayson’s burning
Cherrylyn’s hair. He denied shouting invectives at
and challenging Rolando to a fight, insisting that he
only told Rolando to restrain his sons from harming
his daughters.
Crime charged: child abuse, an act in violation of
Section 10(a) of R.A. 7610
RTC: found and declared the petitioner guilty of
child abuse as charged
CA: affirmed the conviction, but modified the
penalty
ISSUE: Whether or not the petitioner was guilty of
the crime charged and that even assuming that he
was guilty, his liability should be mitigated because
he had merely acted to protect her two minor
daughters (ONLY SLIGHT PHYSICAL INJURIES;
PENALTY IS MITIGATED)
HELD: Although the Court affirms the factual
findings of fact by the RTC and the CA to the effect
that the petitioner struck Jayson at the back with his
hand and slapped Jayson on the face, it disagrees
with their holding that his acts constituted child
abuse within the purview of Section 3 (b) of Republic
Act No. 7610.
The records did not establish beyond reasonable
doubt that his laying of hands on Jayson had been
intended to debase the “intrinsic worth and dignity”
of Jayson as a human being, or that he had thereby
intended to humiliate or embarrass Jayson. The
records showed the laying of hands on Jayson to
have been done at the spur of the moment and in
anger, indicative of his being then overwhelmed by
his fatherly concern for the personal safety of his
own minor daughters who had just suffered harm at
the hands of Jayson and Roldan. With the loss of his
selfcontrol, he lacked that specific intent to debase,
degrade or demean the intrinsic worth and dignity
of a child as a human being that was so essential in
the crime of child abuse.
It is not trite to remind that under the well-
recognized doctrine of pro reo, every doubt is
resolved in favor of the petitioner as the accused.
Thus, the Court should consider all possible
circumstances in his favor. Considering that Jayson’s
physical injury required five to seven days of medical
attention, the petitioner was liable for slight
physical injuries under Article 266(1) of the Revised
Penal Code.
The penalty for slight physical injuries is arresto
menor, which ranges from one day to 30 days of
imprisonment. In imposing the correct penalty,
however, the Court has to consider the mitigating
circumstance of passion or obfuscation under
Article 13(6) of the Revised Penal Code, because the
petitioner lost his reason and self-control, thereby
diminishing the exercise of his will power. It is
relevant to mention, too, that in passion or
obfuscation, the offender suffers a diminution of
intelligence and intent.
Arresto menor is prescribed in its minimum period
in the absence of any aggravating circumstance that
offset the mitigating circumstance of passion.
Accordingly, with the Indeterminate Sentence Law
being inapplicable due to the penalty imposed not
exceeding one year, the petitioner shall suffer a
straight penalty of 10 days of arresto menor.
FELIX NIZURTADO v. SANDIGANBAYAN, GR No.
107838, 1994-12-07
Facts:
Felix Nizurtado of having committed the complex
crime of malversation of public funds through
falsification of public document
Felix V. Nizurtado was the Barangay Captain of
Barangay Panghulo, Malabon, Metro Manila from
1983 to 1988.
Nizurtado and Romero,... Barangay Treasurer of
Panghulo, attended a seminar at the University of
Life, Pasig, Metro Manila. The seminar was about
the Barangay Livelihood Program
Under the program, the barangays in Metro Manila
could avail of loans of P10,000.00 per barangay to
finance viable livelihood projects which the
Barangay Councils would identify
"After the seminar, Nizurtado received a check for
P10,000.00 intended for Barangay Panghulo and
issued in his name. The check, however, could be
encashed only upon submission to the Secretariat of
a resolution approved by the Barangay Council
identifying the... livelihood project in which the loan
would be invested. He entrusted the check to
Romero for safekeeping.
Nizurtado got back the check from Romero, saying
that he would return it because... the Councilmen
could not agree on any livelihood project.
Nizurtado asked Romero to sign an unaccomplished
resolution in mimeograph form. All the blank spaces
in the form were unfilled-up, except those at the
bottom which were intended for the names of the
Barangay Councilmen, Secretary, and Captain,...
which were already filled-up and signed
In asking Romero to sign, Nizurtado said that the
MMC was hurrying up the matter and that the...
livelihood project to be stated in the resolution was
that proposed by Romero -- barangay service
center. Trusting Nizurtado, Romero affixed his
signature above his typewritten name... the blank
but signed resolution was later on accomplished by
writing in the blank space
Barangay Council now in this session had already
identified one livelihood project with the following
title and description:
"the following:
"Title: T-shirt Manufacturing
The application for loan having been approved,...
The purpose of the loan was stated to be T-Shirt
Manufacturing of round neck shirts of various sizes
and colors.
Nizurtado encashed the check... and re-lent the cash
proceeds to himself, Sandel, Aguilar, Bautista,
Dalmacio, and Roldan at P1,000.00, and to
Manalang and Oro Soledad, Barangay Court
Secretary and Barangay Secretary,... respectively, at
P500.00 each.
They learned that the check for P10,000.00 was
indeed encashed by Nizurtado and that the blank
resolution which they had signed was filled-up to
make it appear that in a Council meeting... where all
councilmen were present on August 25, 1983, T-
shirt manufacturing was adopted as the livelihood
project of Panghulo. But no such meeting occurred
on that day or on any other day. Neither was
Nizurtado authorized by the Council to submit T-
shirt Manufacturing as the... livelihood project of
Panghulo.
Romero and Gomez lodged their complaint against
Nizurtado with the Office of the Tanodbayan. After
due preliminary investigation, this case was filed.
Sandiganbayan convicted the accused of the offense
charged.
Nizurtado was a public officer, having been the
Barangay Captain of Panghulo, Malabon, Metro
Manila, from 1983 to 1988; in that capacity, he
received and later encashed a check for P10,000.00,
specifically intended by way of a loan to the
barangay for its livelihood program;... and the funds
had come from the Ministry of Human Settlements,
the Metro Manila Commission and "Kilusang
Kabuhayan at Kaunlaran."
Petitioner was able to encash the check on 18
October 1988 on the basis of a resolution of the
Barangay Council, submitted to the KKK Secretariat,
to the effect that a livelihood project, i.e., "T-shirt
manufacturing," had already been identified by the
council.
Accused... sought to justify the questioned act in
that it was only when the members of the Barangay
Council had realized that P10,000.00 was not
enough to support the T-shirt manufacturing
project, that they decided to distribute the money
in the form of loans to... themselves.
Sandiganbayan has considered the mitigating
circumstances of voluntary surrender and
restitution in favor of Nizurtado.
Issues:
whether or not Nizurtado has indeed
misappropriated the funds.
Ruling:
The money,... however, instead of its being used for
the project, was later lent to, along with petitioner,
the members of the Barangay Council. Undoubtedly,
the act constituted "misappropriation" within the
meaning of the law.
Accused-appellant criticizes the Sandiganbayan for
its having failed to consider the fact that no valid
demand has been made, or could have been made,
for the repayment of the loaned sum. Demand
merely raises a prima facie presumption that
missing funds have... been put to personal use. The
demand itself, however, is not an element of, and
not indispensable to constitute, malversation. Even
without a demand, malversation can still be
committed when enough facts, such as here, are
extant to prove it.
Accused-appellant was charged with having
committed the crime through the falsification of a
public document punishable under paragraph 2 of
Article 171 of the Revised Penal Code.
The pertinent provisions read:
"ART. 171. Falsification by public officer, employee
or notary or ecclesiastic minister. - The penalty of
prision mayor and a fine not to exceed 5,000 pesos
shall be imposed upon any public officer, employee,
or notary who, taking advantage of his official
position,... shall falsify a document by committing
any of the following acts:
"2. Causing it to appear that persons have
participated in any act or proceeding when they did
not in fact so participate;"
In falsification under the above-quoted paragraph,
the document need not be an authentic official
paper since its simulation, in fact, is the essence of
falsification. So, also, the signatures appearing
thereon need not necessarily be forged.
In concluding that the Barangay Council
resolution,... was a falsified document for which
petitioner should be held responsible,... The
Sandiganbayan concluded that Nizurtado had
induced
Romero and Gomez to sign the blank resolution,...
on the representation that Romero's proposal to
build a barangay service center would so later be
indicated in that resolution as the barangay
livelihood project.
Voluntary surrender
therefore, may thus be treated as a modifying
circumstance independent and apart from
restitution of the questioned funds by petitioner
We are convinced, furthermore, that... petitioner
had no intention to commit so grave a wrong as that
committed. (Art. 13, par. 3, Revised Penal Code),
entitling him to three distinct mitigating
circumstances.
The actual attendance of two separate mitigating
circumstances of... voluntary surrender and
restitution, also found by the Sandiganbayan and
uncontested by the Solicitor General, entitles the
accused to the penalty next lower in degree.
This one degree lower penalty should,...
conformably with Article 48 of the Code (the penalty
for complex crimes), be imposed in its maximum
period or from eight years, eight months and one
day to ten years. The presence of the third
mitigating circumstance of praeter intentionem
(lack of intention to... commit so grave a wrong as
that committed) would result in imposing a period
the court may deem applicable.
Considering, however, that the penalty has to be
imposed in the maximum period, the only effect of
this additional... mitigating circumstance is to
impose only the minimum portion of that maximum
period,... that is, from eight years, eight months and
one day to nine years, six months and ten days, from
which range the maximum of the indeterminate...
sentence shall be taken.
MARIANO VS. PEOPLE (self digest)
FACTS
At about 6:30 in the evening of September 12, 1999,
Ferdinand de Leon was driving his owner type jeep
along Barangay Engkanto, Angat, Bulacan. With him
were his wife, Urbanita, and their two-year old son,
as they just came from a baptismal party. Luis de
Leon, an uncle of Ferdinand, also came from the
baptismal party and was driving his owner type jeep.
Accused-appellant Reynaldo Mariano was driving
his red Toyota pick-up with his wife, Rebecca, and
their helper, Rowena Años, as passengers. They had
just attended a worship service in Barangay
Engkanto.
The Toyota pick-up overtook the jeep of Ferdinand
de Leon and almost bumped it. Ferdinand got mad,
overtook the pick-up and blocked its path. Reynaldo
Mariano stopped the pick-up behind the jeep.
Ferdinand alighted from his jeep and approached
Reynaldo. Ferdinand claimed that he and Reynaldo
had an altercation. However, Reynaldo insisted that
he just stayed inside the pick-up and kept quiet
while Ferdinand hurled invectives at him. Urbanita
tried to pacify Ferdinand and sought the assistance
of Luis de Leon. Luis intervened and told Ferdinand
and Reynaldo "magpasensiyahan na lamang kayo at
pagpasensiyahan mo si Ferdinand." Ferdinand and
Reynaldo heeded the advice of Luis and they went
their separate ways.
Instead of proceeding to his house in Norzagaray,
Ferdinand decided to drop by his mother's house in
San Roque, Angat to pick up some items. He parked
his jeep in front of the house of his mother and
alighted therefrom. However, he was bumped by a
moving vehicle, thrown four (4) meters away and
lost consciousness. Urbanita shouted, "Mommy,
Mommy, nasagasaan si Ferdie." She identified the
fast moving vehicle that bumped Ferdinand as the
same red Toyota pick-up driven by Reynaldo.
On the other hand, Reynaldo and his wife, Rebecca,
tried to show that the jeep of Ferdinand stopped on
the road in front of the house of the latter's mother
about five (5) to six (6) meters away from their pick-
up. Reynaldo stopped the pick-up as he saw an
oncoming vehicle, which he allowed to pass.
Thereafter, Reynaldo made a signal and overtook
the jeep of Ferdinand. However, Ferdinand
suddenly alighted from his jeep, lost his balance and
was sideswiped by the overtaking pick-up. Reynaldo
did not stop his pick-up and he proceeded on his
way for fear that the bystanders might harm him
and his companions. After bringing his companions
to their house in Marungko, Angat, Bulacan,
Reynaldo proceeded to Camp Alejo S. Santos in
Malolos, Bulacan to surrender and report the
incident.
imprudence resulting in serious physical injuries and
is sentenced to suffer the indeterminate penalty of
two (2) months and one (1) day of arresto mayor, as
minimum, to one (1) year, seven (7) months and
eleven (11) days of prision correccional, as
maximum, and to indemnify Ferdinand de Leon in
the amount of P58,402.75 as actual damages and
P10,000.00 as moral damages.
WHEREFORE, the Court AFFIRMS the decision
promulgated on June 29, 2006, subject to the
modifications that: (a) the penalty to be imposed on
the petitioner shall be a straight penalty of two
months of arresto mayor; and (b) the awards for
actual and moral damages shall earn 6% interest
rate per annum commencing from the finality of this
decision until fully paid.

Ferdinand was brought to the Sto. Niño Hospital in The petitioner shall pay the costs of suit.
Bustos, Bulacan, where he stayed for two and a half
days and incurred medical expenses amounting to
P17,800.00 On September 15, 1999, Ferdinand was
transferred to St. Luke's Medical Center in Quezon
City, where he stayed until September 25, 1999 and
incurred medical expenses amounting to
P66,243.25. He likewise spent P909.50 for
medicines, P2,900.00 for scanning, P8,000.00 for
doctor's fee and P12,550.00 for the services of his
caregivers and masseur from September 12 to
October 31, 1999. Ferdinand suffered multiple facial
injuries, a fracture of the inferior part of the right
orbital wall and subdural hemorrhage secondary to
severe head trauma, as evidenced by the
certification issued by Dr. Hernando L. Cruz, Jr. of St.
Luke's Medical Center. Urbanita, received the
amount of P50,000.00 from Reynaldo Mariano by
way of financial assistance, as evidenced by a receipt
dated September 15, 1999

RULING
On appeal, the CA promulgated its assailed decision
on June 29, 2006,[5] modifying the felony committed
by the petitioner from frustrated homicide to
reckless imprudence resulting in serious physical
injuries, ruling thusly:

WHEREFORE, the Decision appealed from

is MODIFIED and accused-appellant Reynaldo
Mariano is found guilty of the crime of reckless