Colinares v. People, G.R. No.

182748, 13 December 2011

FACTS:
Arnel Colinares was charged and found guilty beyond reasonable doubt of frustrated
homicide by the RTC of Camarines Sur. He was sentenced to suffer imprisonment from two years and
four months of prison correccional, as minimum, to six years and one day of prison mayor, as maximum.
Since the maximum probationable imprisonment under the law was only up to six years, Arnel did not
qualify for probation. On appeal by Colinares, the Court of Appeals sustained the RTC’s decision.
Unsatisfied with the Court of Appeal’s decision, petitioner then appealed to the Supreme Court and took
the position that he should be entitled to apply for probation in case the Court metes out a new penalty
on him that makes his offense probationable, which was strongly opposed by the Solicitor General
reiterating that under the Probation Law, no application for probation can be entertained once the
accused has perfected his appeal from the judgment of conviction. The Supreme Court, however, found
that Colinares is guilty of attempted homicide and not of frustrated homicide.

ISSUE:
Whether or not Arnel Colinares may still apply for probation on remand of the case to the
trial court.

HELD:
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.