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ARNEL COLINARES
vs.
PEOPLE OF THE PHILIPPINES
G.R. No. 182748
December 13, 2011
FACTS
Accused-appellant Arnel Colinares was charged with frustrated homicide for
hitting the head of the private complainant with a piece of stone. He alleged selfdefense but the trial court found him guilty of the crime charged and sentenced him
to suffer imprisonment from 2 years and 4 months of prision correccional, as
minimum, to 6 years and 1 day of prision mayor, as maximum. Since the maximum
probationable imprisonment under the law was only up to 6 years, Arnel did not
qualify for probation.
Arnel appealed to the Court of Appeals, invoking self-defense and,
alternatively, seeking conviction for the lesser crime of attempted homicide with the
consequent reduction of the penalty imposed on him. His conviction was affirmed
by the CA.
ISSUES
Whether or Not Colinares is entitled to conviction for a lower offense of
attempted homicide and a reduced probationable penalty, and still applies for
probation on remand of the case to the trial court?
RULING:
YES, Arnel may still apply for probation on remand of the case to the trial
court.
With this new penalty, it would be but fair to allow him the right to apply for
probation upon remand of the case to the RTC. The Court finds that his maximum
jail term should only be 2 years and 4 months. If the Court allows him to apply for
probation because of the lowered penalty, it is still up to the trial judge to decide
whether or not to grant him the privilege of probation, taking into account the full
circumstances of his case.
It remains that those who will appeal from judgments of conviction, when
they have the option to try for probation, forfeit their right to apply for that
privilege. But as to his sentence, the stiff penalty that the trial court erroneously
imposed on him did not give him any choice.
already eligible, does not at once apply for probation, but did so only after failing in
his appeal.