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Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

JOQUES T. JUMAGDAO
Petitioner,

-versus- S.C. G.R. NO. 230408


C.A. G.R. NO. 131242
Crim. Case No. 12-292787

PEOPLE OF THE PHILIPPINES,


Respondent.
x----------------------------------------x

MOTION TO MODIFY JUDGMENT

Petitioner, through the undersigned counsel and before this


Honorable Supreme Court of the Philippines, most respectfully states
that:

1. On 24 August 2017, accused-petitioner, thru the


undersigned counsel, received a copy of the Resolution
dated 3 July 2017 of the First Division of the Honorable
Supreme Court of the Philippines, denying his Petition for
Review on Certiorari dated 16 April 2017.

2. Under the Rules of Court, he has a period of fifteen (15)


days or until 8 September 2017 to appeal the Decision of the
Supreme Court, upholding the ruling of the Court of
Appeals, before the same becomes final and executory.

3. The said Decision convicts the accused-petitioner of the


crime of maltreatment under Article 266, paragraph three
(3) of the Revised Penal Code and sentencing the accused-
petitioner to suffer imprisonment of ten (10) days of arresto
menor in its minimum period.

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4. Article 266, paragraph 3 of the Revised Penal Code reads:

ART. 266. Slight physical injuries and maltreatment ---


The crime of slight physical injuries shall be punished:

xxxx

3. By arresto menor in its minimum period or a fine not


exceeding 50 pesos when the offender shall ill-treat
another by deed without causing any injury.

Therefore, imposition of a fine can be an alternative


punishment for the crime of maltreatment under Article
266, paragraph 3 of the Revised Penal Code.

5. The Honorable Supreme Court once held in the cases of


Rosa Lim vs. People of the Philippines1 and Eduardo Vaca and
Fernando Nieto vs. Court of Appeals2 that the present physical
condition along with the record of no prior conviction
should be considered in modifying the judgment of
imprisonment into an imposition of a fine.

6. Here, the accused-petitioner is suffering from diabetes and


hypertension as evidenced by the medical certificate issued
by his doctor. Moreover, he also has a certificate from the
Bureau of Immigration that he has no record of prior
conviction. Lastly, his good standing in society is also
proven by a priest as stated in a certificate made by said
priest.

7. Therefore, as willing as the accused-petitioner can be to


comply with the order of the Supreme Court, we fervently
beseech and plead for the understanding and indulgence of
this Honorable Court to modify the judgment in such a way
that the 10-days imprisonment be changed to an imposition
of a fine.

8. Moreover, we humbly seek that this Honorable Court will


temper justice with mercy. We firmly appeal to the mercy of
this Court and consider observing the underlying principle
of the Indeterminate Sentence Law which is redeeming
valuable human material and prevent unnecessary

1 G.R. No. 130038, September 18, 2000.


2 G.R. No. 131714, November 16, 1998.

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deprivation of personal liberty and economic usefulness
with due regard to the protection of the social order.

9. Finally, the instant motion is not intended to delay the


execution of the judgment of this Honorable Court but only
for the reasons stated above.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that this Honorable Court MODIFY the judgment sentencing the
accused-petitioner of imprisonment of 10 days of arresto menor to a
payment of a fine only.

Other just and equitable reliefs/remedies under the foregoing


circumstances are likewise prayed for.

Makati City for the City of Manila, 6 September 2017.

THE VALERA LAW


Unit 4 Unlimited Grp., 2/F Corinthian Plaza Building
121 Paseo De Roxas St., Legaspi Village, Makati City
TeleFax No. (632) 515 4057
E-Mail Address: aris.cvmbtlaw@gmail.com
Counsel for the Petitioner

By:

ARISTOTLE O. VALERA
Roll No. 49328
Lifetime IBP Member No. 7602 | Isabela
P.T.R. No. 5965969 | 2.03.17 | Makati City
MCLE COMPLIANCE NO. V-0022165 | 5.30.16

ERNEST PAUL B. MANCENIDO


Roll No. 69287
PTR No. 4675884; 06/27/17; Quezon City
IBP No. 003143; 05/10/17; Quezon City
Admitted to the Bar 2017

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Copy furnished:

Office of the Solicitor General


134 Amorsolo St., Legaspi Village,
1229 Makati City

The Hon. Court of Appeals


Special Former Ninth (9th) Division
Ma. Orosa St., Manila

Office of the City Prosecutor


1000 Manila

The Hon. Presiding Judge


RTC Branch 19
1000 Manila

EXPLANATION

In compliance with Section 11, Rule 13 of the Revised Rules of


Court, the foregoing motion was filed through registered mail and
served to all or one of the adverse parties through registered mail in
lieu of personal service due to manpower, time and distance
constraints.

ARISTOTLE O. VALERA

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