CEBU, Philippines - The Court of Appeals ordered the release of a man who was convicted for attempted homicide.
In his 10-page penned decision, Associate Justice Ramon Paul Hernando has modified the penalty earlier imposed by the trial court against Erwin Morga, a resident of Carcar City, Cebu.
“Inasmuch as appellant has been incarcerated since October 2, 2008 and taking into consideration the modified penalty herein, his release is hereby ordered unless he is detained for any other cause or causes that would warrant his further detention,†the decision reads.
Morga was convicted on August 10, 2010 by the trial court for frustrated murder and sentenced to suffer the penalty of imprisonment from 12 to 17 years. He reportedly attempted to kill a neighbor.
Hernando modified the decision of the Regional Trial Court Branch 10 of Cebu City dated August 10, 2010.
The CA found Morga guilty beyond reasonable doubt of attempted homicide and sentenced him to suffer an indeterminate penalty of four months as minimum to three years as maximum .
The decision also stated that the crime committed and its penalty were modified because of the absence of treachery to support the frustrated murder.
Hernando likewise, ordered appellant to pay the victim, Martin Aleonar Jr., the amounts of P40,500 as medical expenses; P26,877.74 as unrealized income and P20,000 as moral damages and the costs of the suit.— /GMR (FREEMAN)