Case Digest (G.R. No. 198400)
Facts:
The case involves Fe Abella y Perpetua (petitioner) and the People of the Philippines (respondent). The events leading to the case occurred on September 6, 1998, at approximately 11:00 PM in Sitio Puli, Canitoan, Cagayan de Oro City. The petitioner was charged with the crime of frustrated homicide against his younger brother, Benigno Abella. The Information filed against the petitioner alleged that he attacked Benigno with a scythe, inflicting serious injuries to his neck and hand. Following the incident, Benigno was hospitalized for several weeks due to the severity of his wounds, which included a hacking wound on the left side of his neck and an incised wound on his left hand.
The Regional Trial Court (RTC) of Misamis Oriental, Cagayan de Oro City, Branch 39, found the petitioner guilty of frustrated homicide and sentenced him to an indeterminate penalty of six years and one day to eight years of prision mayor as minimum, and ten years and one day to twelve years of pris...
Case Digest (G.R. No. 198400)
Facts:
Incident Details:
- On September 6, 1998, at around 11:00 p.m., Fe Abella y Perpetua (petitioner) was involved in a confrontation with his younger brother, Benigno Abella (Benigno), in Sitio Puli, Canitoan, Cagayan de Oro City.
- Benigno was watching TV when he was asked to pacify the petitioner, who was causing trouble at a nearby store. Benigno and his wife, Amelita, found the petitioner fighting with Alejandro Tayrus and Dionisio Ybañez.
- After pacifying the petitioner, Benigno and Amelita followed him home. Along the way, they stopped at Alejandro’s house to apologize for the petitioner’s behavior.
The Attack:
- The petitioner arrived at Alejandro’s house carrying two scythes. Benigno blocked the petitioner from entering and asked him to stop.
- The petitioner then hacked Benigno’s neck with one of the scythes, causing a deep wound. Benigno fell to the ground and was rushed to the hospital.
- Benigno sustained an 11-centimeter hacking wound on his neck and a 4-centimeter incised wound on his left hand. He was hospitalized for 17 days and incurred medical expenses, though he lost the receipts.
Defense Claims:
- The petitioner denied being at the scene, claiming he was in Buenavista, Agusan del Norte, at the time of the incident.
- He also argued that the hacking was accidental and that he had no intent to kill Benigno.
Trial Court Ruling:
- The Regional Trial Court (RTC) convicted the petitioner of frustrated homicide, sentencing him to 6 years and 1 day to 12 years of imprisonment. The court also ordered him to pay Benigno P10,000 for medical expenses and P100,000 as consequential damages.
Court of Appeals Ruling:
- The CA affirmed the conviction but modified the penalty to 6 months and 1 day to 8 years and 1 day of imprisonment. It deleted the award for actual and consequential damages, instead ordering the petitioner to pay P30,000 as moral damages and P10,000 as temperate damages.
Issue:
- Whether the RTC and CA erred in convicting the petitioner of frustrated homicide.
- Whether the petitioner’s intent to kill was sufficiently proven.
- Whether the downgrading of the conviction to less serious physical injuries is warranted.
Ruling:
The Supreme Court denied the petition and affirmed the CA’s decision with modifications.
Conviction for Frustrated Homicide:
- The Court upheld the conviction, finding that the petitioner’s intent to kill was evident from the nature of the weapon used (a scythe), the location of the wound (neck), and the circumstances of the attack.
- The Court rejected the petitioner’s claim that the hacking was accidental, noting that the use of a deadly weapon and the targeting of a vital body part demonstrated homicidal intent.
Intent to Kill:
- The Court ruled that intent to kill can be inferred from the means used, the nature of the wounds, and the manner of the attack. The petitioner’s act of hacking Benigno’s neck with a scythe clearly indicated an intent to kill.
Downgrading of Conviction:
- The Court rejected the petitioner’s argument that the conviction should be downgraded to less serious physical injuries. The nature of the wounds and the potential fatality of the attack supported the charge of frustrated homicide.
Damages:
- The Court modified the damages awarded, ordering the petitioner to pay P25,000 as moral damages and P25,000 as temperate damages, in lieu of actual damages.
Ratio:
Intent to Kill in Frustrated Homicide:
- Intent to kill is a crucial element in frustrated homicide. It can be inferred from the weapon used, the location of the wounds, and the circumstances of the attack. In this case, the use of a scythe to hack the victim’s neck demonstrated a clear intent to kill.
Nature of Wounds and Medical Intervention:
- The Court emphasized that the wounds inflicted by the petitioner were potentially fatal. The timely medical intervention prevented Benigno’s death, which is a key factor in frustrated homicide cases.
Defenses of Alibi and Denial:
- The petitioner’s defenses of alibi and denial were deemed weak and unsupported by credible evidence. The positive identification by prosecution witnesses outweighed these defenses.
Award of Damages:
- The Court clarified that when actual damages cannot be proven with receipts, temperate damages may be awarded. Moral damages are also justified when the victim suffers physical and emotional trauma.
Conclusion:
The Supreme Court upheld the petitioner’s conviction for frustrated homicide, finding that the prosecution sufficiently proved his intent to kill. The Court modified the damages awarded, emphasizing that the nature of the attack and the injuries sustained by the victim justified the conviction and the awards for moral and temperate damages.