Case Digest (G.R. No. 142262)
Facts:
In People of the Philippines vs. Ronald Ibañez, Emilio Ibañez, and Daniel “Bobot” Ibañez (G.R. No. 190798, January 27, 2016), the petitioners were charged by Information dated October 11, 2001, with frustrated homicide for allegedly conspiring and attacking their neighbor, Rodolfo M. Lebria, in the early morning of July 15, 2001 in Las Piñas City. According to the prosecution, the Ibañez family members—Ronald, Emilio, Bobot, Boyet, and David (the latter two at large)—stoned, struck with a shovel, held down, and stabbed Lebria, inflicting mortal wounds that required an exploratory laparotomy at Philippine General Hospital and P30,000.00 in hospital expenses. The petitioners posted bail of P24,000.00 each and pleaded not guilty upon arraignment in May and December 2002. Pre-trial ended in April 2003, and trial ensued, during which the prosecution presented Lebria, his wife, daughter, and the investigating officer whose testimonies were consistent and positive. The defense offeredCase Digest (G.R. No. 142262)
Facts:
- Charge and Procedural History
- On October 11, 2001, an Information was filed in RTC Branch 255, Las Piñas City, charging Ronald Ibañez, Emilio Ibañez, and Daniel “Bobot” Ibañez (with co-accused Boyet and David Ibañez still at large) of frustrated homicide for the July 15, 2001 attack on Rodolfo M. Lebria.
- Each petitioner posted bail of ₱24,000.00 and was released; Ronald and Bobot were arraigned on May 9, 2002, Emilio on December 10, 2002, all pleading not guilty. Trial on the merits commenced after pre-trial on April 23, 2003.
- Prosecution Version of the Incident
- Rodolfo testified that after remarking on garbage dumped before his house at about 1:30 a.m., Emilio and Boyet Ibañez stone-threw him, hitting his forehead. He retreated indoors, washed his wound, and emerged with a piece of wood.
- David struck him with a shovel, Ronald held him down, and Boyet and Bobot simultaneously stabbed him in the abdomen. Rodolfo fell unconscious, was treated at Las Piñas District Hospital, then operated on at PGH, incurring about ₱30,000.00 in expenses.
- Defense Version of the Incident
- Petitioners claimed Rodolfo was the aggressor who assaulted and stabbed Ronald and Bobot after destroying a bicycle; Bobot’s alleged wound to Rodolfo occurred accidentally during a struggle over the knife.
- They denied Emilio’s involvement (alibi: working overtime one kilometer away) and presented medical certificates for Ronald and Bobot dated July 15, 2001 (lacerations and hematoma) and March 20, 2006 (head and chest wounds).
- Representation in the Trial Court
- Counsel de oficio appointments: Atty. Bibiano Colasito (arraignment), Atty. Antonio Manzano (pre-trial; absent June 18, 2003), Atty. Gregorio Caneda Jr., Atty. Ma. Teresita Pantua (recalled), and finally Atty. Juan Sindingan (from February 2004 onward).
- Manzano’s and the petitioners’ absences on June 18, 2003 led to waiver of cross-examination of two prosecution witnesses and confiscation of Ronald’s bond. Atty. Sindingan later secured their appearance (May 5, 2005) and filed the defense memorandum.
- Lower Court Decisions
- RTC Decision (July 17, 2007): Found the three petitioners guilty beyond reasonable doubt of frustrated homicide; sentenced each to 6 years and 1 day to 8 years prision mayor; ordered payment of ₱2,174.80 actual medical expenses.
- CA Decision (September 25, 2009): Affirmed conviction, modified to indeterminate penalty of 6 years prision correccional (min.) to 8 years and 1 day prision mayor (max.); awarded ₱15,000 temperate and ₱30,000 moral damages to Rodolfo.
Issues:
- Whether the petitioners were deprived of their constitutionally guaranteed right to counsel when their court-appointed lawyer failed to appear at one trial hearing, resulting in waiver of cross-examination.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)