G.R. No. 94284 - Silverio vs. Court of Appeals

Alfredo De Guzman, Jr. (petitioner) was convicted by the Regional Trial Court (RTC), Branch 213, Mandaluyong City, for frustrated homicide against Alexander Flojo.
The Court of Appeals (CA) affirmed this conviction on September 27, 2006.
Alfredo De Guzman, Jr. filed a petition for review before the Supreme Court.

On December 24, 1997, around 10 PM, Alexander Flojo was fetching water beneath his rented house in Mandaluyong City when Alfredo De Guzman hit him on the nape.
Alexander informed Lucila Bautista, the petitioner’s sister and Alexander’s landlady, who apologized and told him to go upstairs.
After resting about two hours, Alexander returned to fetch water between 12:00 to 12:15 AM when Alfredo suddenly stabbed him in the left face and chest.
Cirilino Bantaya, Alexander’s son-in-law, witnessed Alexander bleeding and begging for help; Alexander identified Alfredo as his assailant.
Alexander was immediately taken to Mandaluyong City Medical Center and later transferred to Polymedic General Hospital for further treatment.

Alexander had two stab wounds: one was on the left zygoma (1 cm. long) and the other penetrated the left upper chest (2 cm.), puncturing the fourth intercostal space and the left lung.
The chest wound caused blood and air in the thoracic cavity, requiring thoracostomy tube insertion to remove blood.
Medical expert Dr. Francisco Obmerga confirmed the chest wound was fatal and could have caused death without timely intervention.

Alfredo denied stabbing Alexander. He claimed he passed by Alexander around midnight on December 25, 1997, accidentally hit Alexander’s back, leading to a mutual fistfight.
They rolled on the ground; Alfredo hit Alexander on the cheek causing bleeding from Alexander’s face.

RTC convicted Alfredo of frustrated homicide under Article 250 of the Revised Penal Code and sentenced him to an indeterminate penalty of 6 months and 1 day of prision correccional minimum to 6 years and 1 day of prision mayor maximum.
The court ordered Alfredo to pay P14,170.35 as compensatory damages representing actual pecuniary loss.
CA affirmed the RTC’s decision and later denied Alfredo’s motion for reconsideration.

Whether the petitioner was properly found guilty beyond reasonable doubt of frustrated homicide.
Whether intent to kill, as an essential element of frustrated homicide, was sufficiently established.
Whether the penalty imposed and civil liabilities awarded were proper and in accordance with law.