D E C I S I O N
ABAD, J.:
I.
THE FACTS
Accused-appellant Arnel Colinares
(Arnel) 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. Hence,
this appeal to the Supreme Court.
