Case Digest (G.R. No. 182748)
Facts:
Arnel Colinares, G.R. No. 182748, December 13, 2011, the Supreme Court En Banc, Abad, J., writing for the Court. The petitioner is Arnel Colinares; the respondent is the People of the Philippines.On June 25, 2000, Rufino P. Buena (complainant) and Jesus Paulite were together when, according to prosecution witnesses, Arnel sneaked behind Rufino and struck him twice on the head with a large stone, rendering Rufino unconscious. Ananias Jallores also testified he was struck on the temple. Dr. Albert Belleza issued a medico-legal certificate describing two lacerated wounds on Rufino’s forehead; he described head injuries as potentially serious but did not categorically state the wounds were fatal. Rufino received suturing and chose to go home after initial treatment.
Arnel surrendered voluntarily to police on September 4, 2000, and testified in his defense that Rufino, Jesus, and Ananias—all drunk—attacked him first, that Rufino tried to stab him, and that he struck Rufino with a stone in self-defense; Diomedes Paulite corroborated only that a heated argument occurred. Arnel did not present a medical certificate showing he was injured.
On July 1, 2005, the Regional Trial Court (RTC) of San Jose, Camarines Sur, convicted Arnel of frustrated homicide in Criminal Case T-2213 and imposed a penalty exceeding six years (thus precluding probation under the Probation Law). The Court of Appeals (CA) affirmed the RTC decision but deleted an award for lost income; the CA decision is reported in CA-G.R. CR 29639 (dated July 31, 2007). Aggrieved, Arnel filed a petition for review with this Court.
While the case was pending here, the Court required supplemental positions from the parties on whether an accused who is ultimately found guilty only of a lesser, probationable offense after appeal may nevertheless a...(Subscriber-Only)
Issues:
- May petitioner still apply for probation upon remand if this Court reduces his conviction and imposes a probationable penalty despite his having perfected an appeal from the RTC judgment?
- Did petitioner act in self-defense when he struck Rufino on the head with a stone?
- If not self-defense, is petitioner guilty of frustrated homicide or...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)