Case Digest (G.R. No. 199579)
Facts:
On May 1, 2004, Ramon Josue y Gonzales was charged in Manila with frustrated homicide for shooting Armando Macario y Pineda several times; Macario survived after medical treatment. The Regional Trial Court convicted Josue on October 22, 2009, sentencing him under the Indeterminate Sentence Law and ordering indemnity of P32,214.25, and the Court of Appeals affirmed its decision on June 30, 2011, prompting this Rule 45 petition to the Court.
At trial the prosecution presented eyewitness testimony, including that of Villanueva who identified petitioner as the assailant, and medical testimony confirming three gunshot wounds; the petitioner claimed self-defense and produced testimony about a .38 revolver allegedly taken from the victim, which the defense failed to prove belonged to Macario.
Issues:
- Did the Court of Appeals err in affirming the conviction despite the petitioner's claim that the prosecution failed to overcome the presumption of innocence?
- Did the petitioner prove self-defense beyond reasonable doubt?
Ruling:
The petition was DENIED; the Court AFFIRMED the conviction for frustrated homicide, the sentence imposed under the Indeterminate Sentence Law, and the award of actual damages. The Court MODIFIED the judgment to award the offended party P10,000.00 as moral damages.
Ratio:
Under Rule 45, the Court limited its review to questions of law and deferred to the factual findings of the trial court as affirmed by the CA, finding no exceptional ground to reassess witness credibility. The evidence established the elements of frustrated homicide—intent to kill shown by use of a deadly weapon and fatal wounds averted only by timely medical aid—and the petitioner failed to prove self-defense because there was no unlawful aggression, the victim was unarmed, and the means and number of shots were not commensurate with any alleged threat.
Doctrine:
- Rule 45 restricts Rule 45 petitions to questions of law and accords great weight to trial court credibility findings affirmed on appeal.
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