G.R. No. 237334 - CICL XXXvs. People

CICL XXX, a child in conflict with the law, was the accused in Criminal Case No. Q-12-175544 before the Regional Trial Court (RTC), Branch 94, Quezon City.
People of the Philippines filed an Information charging CICL XXX with Frustrated Homicide for acts allegedly committed on January 1, 2010 against Glenn Redoquerio, the private complainant.
CICL XXX pleaded not guilty at arraignment, underwent pre-trial and trial, was convicted by the RTC in a Decision dated September 2, 2016, and was affirmed by the Court of Appeals (CA) in a Decision dated September 5, 2017; the CA denied reconsideration in a Resolution dated January 18, 2018.
CICL XXX filed a Petition for Review on Certiorari to the Supreme Court assailing the CA decisions.

The Information alleged that on or about January 1, 2010 in Quezon City, CICL XXX, age 17 but "acting with discernment," conspired with Christopher Puyo and Jayjay Narag to maul Glenn Redoquerio, hitting him in the head with a piece of stone and with a gun, thereby performing all acts of execution to produce homicide but failing to produce death due to timely medical attendance.
The prosecution's witnesses included Glenn Redoquerio, Michael de los Santos, and Reginaldo Luague; the prosecution's factual account, as summarized by the RTC, was that at around 12:30 a.m. on January 1, 2010, CICL XXX, Puyo and Narag confronted Redoquerio at a store, CICL XXX pointed a gun at Redoquerio and pulled the trigger which did not fire, then struck Redoquerio with the gun while Puyo and Narag restrained him, Puyo allegedly hit Redoquerio with a stone causing loss of consciousness, and Redoquerio remained comatose for seven days and incurred medical expenses.
The defense version, as summarized by the RTC, was that at about 2:00 a.m. CICL XXX and family were celebrating New Year at home, they heard a commotion, saw Redoquerio and De los Santos mauling Narag, and that CICL XXX and family left; CICL XXX denied participation and suggested mistaken identity by the private complainant.

During trial the parties stipulated to the intended testimony of Reginaldo D. Luague, Administrative Officer I of East Avenue Medical Center (EAMC), who had custody of Glenn Redoquerio's medical records and who identified and produced documents: Medical Certificate (Exhibits F/F-1), Patient Data Sheet (Exhibits I/I-1), Discharge Summary (Exhibits J/J-1), Clinical Abstract (Exhibits K/K-1), and Operating Room Record (Exhibits L/L-1), all signed by Dr. Zorilla.
The parties expressly stipulated that Luague could not testify as to the nature and gravity of the wound sustained by Redoquerio nor whether the wound was fatal in nature, and that Dr. Zorilla, the attending resident physician, had completed internship and was not available to testify.

Glenn Redoquerio testified to being attacked and struck in the he...(Subscriber-Only)

Whether the CA erred in convicting CICL XXX despite the prosecution's failure to prove that he acted with discernment.

Whether the presumption that a minor aged over fifteen but under eighteen acted without discernment was rebutted by the prosecution.

Whether the CA erred in convicting CICL XXX for Frustrated Homicide without proof of the extent and fatality of the injuries sustained by Glenn Redoquerio...(Subscriber-Only)

Ruling:

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Ratio:

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Doctrine:

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