Case Digest (G.R. No. 218406)
Facts:
The case titled Leonidas Epifanio y Lazaro vs. People of the Philippines revolves around a stabbing incident that occurred on the evening of August 15, 1990, in Kilometer 7, Del Monte, Samal, Davao. The petitioner, Leonidas Epifanio y Lazaro, was accused of Frustrated Murder for attacking Crisaldo Alberto with a bladed weapon. On that night, Crisaldo and his cousin, Allan Perez, were walking home after visiting Crisaldo's father. While walking along a narrow path, Crisaldo was suddenly stabbed in the back by Leonidas, who was later identified as the attacker. After sustaining his initial wound, Crisaldo was stabbed again, this time in the left arm. Allan heard Crisaldo's cries and ran over to assist his cousin, calling out to Leonidas, which caused him to flee the scene. Crisaldo was subsequently taken first to the PeAaplata Hospital and later transferred to the Davao Medical Center, where he remained for three weeks to recover from his injuries.
A Medical Certificate
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Case Digest (G.R. No. 218406)
Facts:
- Background and Incident
- On the evening of August 15, 1990, Crisaldo Alberto and his cousin Allan Perez were returning to their respective homes in Kilometer 7, Del Monte, Samal, Davao after visiting Crisaldo’s father’s house.
- The pathway to Crisaldo’s house was narrow, bordered by local shrubs known as banganga, causing Allan to walk approximately three (3) meters ahead of Crisaldo.
- At about 9:00 o’clock in the evening, Crisaldo suddenly experienced a stabbing attack.
- a. Crisaldo felt a sharp thrust of a bladed weapon on his back which made him cry out in pain.
- b. In his quick turnaround, he identified his attacker as Leonidas Epifanio y Lazaro, also known as “Iyo (Uncle) Kingkoy.”
- c. After the initial stab, the petitioner allegedly stabbed Crisaldo a second time, injuring his left arm.
- Upon hearing Crisaldo’s cry, Allan rushed to his side and verbally confronted the attacker, which resulted in the petitioner fleeing the scene.
- Immediate Aftermath and Medical Intervention
- Allan assisted Crisaldo by taking him to his father’s house where the wounds were initially managed by wrapping them in a blanket.
- Crisaldo was subsequently transported to PeAaplata Hospital for first aid and later transferred to Davao Medical Center for further treatment.
- Crisaldo remained hospitalized for three weeks, during which the attending physician, Santiago Aquino, issued a Medical Certificate (dated September 4, 1990) noting:
- a. Stab wound at the right scapular area (medial border) corresponding to the 5th-7th intercostal spaces.
- b. A stab wound on the left arm (medial aspect).
- c. Fractures on the 7th and 8th ribs (posterior, right) with a probable healing time of 15-30 days barring complications.
- Criminal Proceedings Initiated Against the Petitioner
- Petitioner, Leonidas Epifanio y Lazaro, was charged with Frustrated Murder in Criminal Case No. 91-15.
- a. The Information (dated January 4, 1991) alleged that on or about August 15, 1990, the accused, acting with treachery and evident premeditation, attacked Crisaldo with a knife, intending to kill.
- b. It was claimed that the injuries inflicted would have been fatal if not for timely and proper medical intervention.
- c. Accusations included the infliction of physical harm amounting to actual, moral and compensatory damages to Crisaldo.
- During his arraignment on June 25, 1991, the petitioner, with counsel, pleaded “not guilty.”
- The petitioner’s defense centered on a denial of involvement, supported by an alibi:
- a. He claimed to have been involved in coconut harvesting at Anonang (within the Municipality of Kaputian) during the daylight of August 15, 1990.
- b. He stated that after returning home and sleeping at 8:00 o’clock in the evening, his wife’s awakening him to help Salvador Epifanio, who reported a stabbing incident, led him to the scene.
- c. Upon arriving, he asserted that he found Crisaldo already wrapped in cloth and aided in transporting him to the hospital, later being questioned by law enforcement and subsequently released.
- Judicial Determinations and Appeal
- The Regional Trial Court (RTC), Branch 4, Panabo, Davao, rendered its Decision on July 5, 1994, convicting the petitioner of Frustrated Murder.
- a. The RTC sentenced him to an indeterminate imprisonment ranging from six (6) years and one (1) day to ten (10) years of prision mayor.
- b. The petitioner was also ordered to indemnify Crisaldo Alberto the sum of ₱6,000.00 as damages.
- Appellate proceedings followed:
- a. The petitioner appealed the RTC’s decision before the Court of Appeals (CA) in CA-G.R. CR No. 17995.
- b. On May 22, 2002, the CA affirmed the RTC decision in toto.
- c. A subsequent Motion for Reconsideration by the petitioner was denied by the CA resolution dated January 14, 2003.
- In the petition for review on certiorari (filed under Rule 45 of the Revised Rules of Court), the petitioner raised the sole issue of whether his guilt for the crime of frustrated murder had been proven beyond reasonable doubt.
- a. He argued that the injuries were not life-threatening, as evidenced by the medical certificate’s notation of a 15-30 day healing period with no indication that the wounds were mortal.
- b. The petitioner requested that his conviction be modified to the lesser offense of attempted murder.
- The Office of the Solicitor General (OSG) contested this raising of new issues, emphasizing:
- a. The failure to present the doctor to testify on the nature of the wounds had not been objected to at trial.
- b. The petitioner, therefore, was barred from raising the issue in the appeal.
- c. Nonetheless, the petition was deemed to have merit given that an appeal in a criminal case opens the entire case for review.
Issues:
- Whether or not the evidence presented at trial established beyond reasonable doubt the petitioner’s guilt for the crime of frustrated murder.
- The central issue concentrated on the fatality of the wounds and whether the injuries inflicted on Crisaldo Alberto were of a nature that, without timely medical intervention, would have resulted in death.
- Whether the petitioner’s claim that the injuries were not life-threatening—and hence not sufficient to qualify as frustrated murder—warrants a modification of the conviction to attempted murder.
- The petitioner contended that since the medical certificate indicated merely a 15-30 day healing period with no reference to a mortal wound, the true nature of the offense should be deemed as attempted murder.
- The issue also examined whether the non-presentation of the attending physician’s testimony regarding the fatality of the wounds could be raised on appeal despite not being objected to during trial proceedings.
- Whether the petitioner’s actions had reached the "subjective phase" of the commission of the crime, which differentiates frustrated murder from attempted murder.
- This issue involved evaluating if the petitioner had performed all the acts constituting the execution of the crime, or if his actions were interrupted, thereby classifying the offense as attempted murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)