G.R. No. 182748 - Colinares vs. People

Arnel Colinares was charged with frustrated homicide before the Regional Trial Court (RTC) of San Jose, Camarines Sur (Criminal Case T-2213) for striking Rufino P. Buena on the head with a stone on June 25, 2000.
According to prosecution witnesses, Rufino and Jesus Paulite were walking to buy cigarettes when Arnel sneaked up and hit Rufino twice on the forehead with a large stone, rendering him unconscious; Ananias Jallores was likewise struck. Paciano Alano observed the attack and summoned aid. Dr. Albert Belleza treated Rufino’s lacerated wounds, found them serious but not fatal, and noted they healed in 7–8 days after suturing and antibiotics.

Arnel claimed self-defense, testifying that Rufino, Jesus, and Ananias—all drunk—initiated an attack (pushing, boxing, attempted stabbing), forcing him to pick up a stone and defend himself. He then fled and later surrendered.
On July 1, 2005, the RTC convicted him of frustrated homicide beyond reasonable doubt and sentenced him to an indeterminate term of 2 years and 4 months of prision correccional to 6 years and 1 day of prision mayor. Probation was deemed unavailable because the penalty exceeded six years.

On appeal, the Court of Appeals (CA) affirmed the RTC’s conviction and penalty but deleted an award for lost income.
Arnel filed a petition for review with the Supreme Court, urging self-defense or, alternatively, conviction for the lesser offense of attempted homicide with a reduced, probationable penalty; the Court invited positions on his entitlement to apply for probation if reconvicted of a lesser crime.

Whether Arnel acted in self-defense when he struck Rufino with a stone.
If self-defense is not established, whether the proper conviction is frustrated homicide.
Whether, upon reconviction for a lesser, probationable offense, Arnel may apply for probation despite having perfected an appeal.