Case Digest (G.R. No. 190912)
Facts:
Gary Fantastico and Rolando Villanueva v. Elpidio Malicse, Sr. and People of the Philippines, G.R. No. 190912, January 12, 2015, Supreme Court Third Division, Peralta, J., writing for the Court.On June 27, 1993, Elpidio Malicse, Sr. went to the house of his sister, Isabelita Iguiron, in Pandacan, Manila, where a confrontation occurred between him and Isabelita's family. After an initial altercation in which Elpidio was slapped while intoxicated, he left but later returned intending reconciliation. At the house he encountered Isabelita’s sons—Salvador Iguiron, Titus Iguiron—and Gary Fantastico; an exchange of insults followed and a melee ensued when Salvador struck Elpidio with a rattan stick. During the struggle Titus sprayed something in Elpidio’s face; Elpidio bit Salvador; Gary allegedly struck Elpidio with a tomahawk; and Rolando (Rolly) Villanueva struck him on the head with a lead pipe. Multiple assailants continued to assault Elpidio, who sustained fractures and multiple lacerations and was taken to the Philippine General Hospital (PGH).
An Information charging Attempted Murder (Article 248 in relation to Article 6 of the Revised Penal Code) was filed against Salvador, Titus, Saligan, Tommy, Nestor, Eugene and petitioners Gary Fantastico and Rolando Villanueva. All pleaded not guilty. During trial the defense presented an alternate narrative asserting the episode was a family quarrel and asserting that some accused were not proven to have inflicted injuries.
The Regional Trial Court (RTC), Branch 11, Manila, rendered a Decision on March 31, 2008: it acquitted Titus, Saligan and Tommy but found petitioners Fantastico and Villanueva guilty beyond reasonable doubt of Attempted Murder and sentenced them to an indeterminate term (minimum eight years and one day to ten years) and ordered actual and moral damages. One accused, Salvador, died during proceedings. The trial court emphasized the victim’s positive identification and medical evidence corroborating serious injuries.
The Court of Appeals (CA), in CA‑G.R. CR No. 31719, affirmed the RTC in a Decision dated August 31, 2009 and denied reconsideration in a Resolution dated January 7, 2010. Petitioners filed ...(Subscriber-Only)
Issues:
- Did the petition properly present questions of law so as to invoke this Court’s certiorari jurisdiction under Rule 45?
- Was the Information sufficient to charge the crime of attempted murder?
- Was there evidence of intent to kill sufficient to support a conviction for attempted murder?
- Was treachery proven as an aggravating circumstance?
- Was the penalty imposed by the RTC (and affirmed by the CA) correct under the Revised Pena...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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