PEOPLE OF THE PHILIPPINES VS. ARNEL COLINARES; G.R. NO. 182748; DECEMBER 13, 2011

 G.R. NO. 182748                                                                                              DECEMBER 13, 2011

ARNEL COLINARES

VS.

PEOPLE OF THE PHILIPPINES

FACTS:

        Arnel Colinares was charged with Frustrated Homicide for hitting the head of the Private Complainant with a piece of stone. He alleged self-defense 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 (CA), 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. 

ISSUE:

    Whether or Not Arnel Colinares may still apply for probation on remand of the case to the trial

RULING:

    Yes, The Supreme Court ruled that Colinares may apply for probation upon remand of his case to the RTC. Ordinarily, an accused would no longer be entitled to apply for probation, he having appealed from the judgment of the RTC convicting him for frustrated homicide. But in this case the Supreme Court ruled to set aside the judgment of the RTC and found him only liable for attempted homicide, if the Supreme Court follows the established rule that no accused can apply for probation on appeal, the accused would suffer from the erroneous judgment of the RTC with no fault of his own, therefore defying fairness and equity.