Case Digest (G.R. No. 206632)
Facts:
In Eden Etino vs. People of the Philippines (G.R. No. 206632, February 14, 2018), the petitioner, Eden Etino, was charged by Information dated June 19, 2003 with the crime of frustrated homicide for shooting the complainant, Jessierel Leyble, on November 5, 2001 at around 4:30 p.m. in Barangay Pispis, Maasin, Iloilo. Leyble testified that while walking home with companions, he was shot at close range by Etino with an unlicensed 12-gauge shotgun, sustaining gunshot wounds to his right shoulder and other parts of his body. Accompanied by Isidro Maldecir’s corroborative testimony, the victim was brought to Don Benito Lopez Memorial Hospital (now West Visayas State University Medical Center), where a medical officer certified his confinement and treatment. Etino pleaded alibi, presenting several witnesses who claimed he was at another house when the shooting occurred, and suggested that Leyble filed the complaint out of ill motive in a pending Comelec gun-ban case. The Regional TriaCase Digest (G.R. No. 206632)
Facts:
- Charge and Arraignment
- On November 5, 2001, petitioner Eden Etino allegedly shot Jessierel Leyble with an unlicensed 12-gauge shotgun in Brgy. Pispis, Maasin, Iloilo.
- An Information dated June 19, 2003 charged Etino with frustrated homicide for inflicting gunshot wounds that did not result in death due to timely medical care.
- Upon arraignment, Etino pleaded not guilty and trial commenced before RTC Branch 29, Iloilo City.
- Prosecution Evidence
- Victim’s Testimony (Leyble)
- On the afternoon of November 5, 2001 (around 4:30 PM), while walking with companions Isidro Maldecir and Richard Magno, Leyble was shot from behind.
- He identified Etino as the shooter, sustaining wounds on his right shoulder and other body parts, then brought to Don Benito Lopez Memorial Hospital (now WVSUMC).
- Corroboration by Maldecir
- Confirmed witnessing Leyble being shot by petitioner at close range.
- Assisted in bringing Leyble to the hospital for treatment.
- Medical Records Custodian (Nida Villarete Sonza)
- Presented under Subpoena Duces Tecum the Medical Certificate, Trauma Sheet, Admission & Discharge Record, and Operative Records.
- Certified these as faithful reproductions of Leyble’s originals.
- Defense Evidence
- Alibi Witnesses (Bautista Etino, Wenifredo Besares, Joeseryl Masiado, petitioner)
- Testified that at 4:30 PM on November 5, 2001, petitioner was at Bautista Etino’s home about one kilometer away.
- Alleged Motive for Complaint
- Claimed Leyble filed the homicide case out of retaliation for Etino’s earlier testimony against him in a COMELEC gun-ban case.
- RTC Decision (January 14, 2008)
- Found Etino guilty beyond reasonable doubt of frustrated homicide.
- Imposed indeterminate penalty of 2 years, 4 months, 1 day (prision correccional minimum) to 8 years, 1 day (prision mayor maximum).
- No civil damages awarded, citing lack of proof on the civil aspect.
- CA Decision and Resolution
- Court of Appeals (August 29, 2012)
- Affirmed RTC’s conviction but modified by awarding Leyble ₱25,000 moral damages and ₱10,000 temperate damages.
- Denial of Motion for Reconsideration (March 11, 2013).
- Petition for Review on Certiorari
- Petitioner filed under Rule 45 before the Supreme Court, challenging the CA’s findings on guilt, credibility of witnesses, and rejection of defenses.
Issues:
- Whether the CA erred in holding that frustrated homicide was proven beyond reasonable doubt despite non-presentation of the examining physician.
- Whether the CA erred in disbelieving petitioner’s alibi and defense witnesses.
- Whether the CA erred in discounting defenses based on delay in filing, identification issues, and alleged motive.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)