Case Digest (G.R. No. 224102)
Facts:
Ryan Mariano y Garcia v. People of the Philippines, G.R. No. 224102, July 26, 2017, Supreme Court Second Division, Leonen, J., writing for the Court. Petitioner Ryan Mariano was charged in an Information dated July 23, 2010 with frustrated homicide for stabbing Frederick Natividad twice on July 22, 2010 in Pasay City, allegedly inflicting a liver-penetrating wound that required surgery and nearly proved fatal; the case arose from an altercation involving Natividad, petitioner’s common-law wife Pamela Rivera, and others.At trial petitioner pleaded not guilty and asserted the justifying circumstances of self-defense and defense of a relative/stranger under Article 11 of the Revised Penal Code. The prosecution’s evidence described Natividad confronting and later being stabbed at the Rivera residence, the surrender of the kitchen knife by Mariano, medical testimony about the severity of the wounds, and proof of P428,375.51 in medical expenses. Petitioner’s defense described Natividad as belligerent and intoxicated, having slapped and kicked Pamela and Pia (a minor), attacked Yuki, and struck at petitioner with a piece of wood; petitioner testified he stabbed to repel ongoing attacks and to protect his family.
The Regional Trial Court, Branch 114, Pasay City, convicted petitioner of frustrated homicide, finding the defense unproven, rejecting unlawful aggression, and emphasizing the nature and number of stab wounds as indicating an intent to kill; it imposed prision mayor and awarded compensatory damages. On appeal, the Court of Appeals (Fourth Division) affirmed conviction but modified the penalty and damages, holding that unlawful aggression was absent (relying in part on Pamela’s testimony that she and others went inside and that Natividad was “shouting”) and that, even if aggression existed, the means employed (two stabs, one to a vital organ) were not reasonably necessary because Natividad was drunk and could be evaded.
Petitioner filed a Petition for Review under Rule 45. The Office of the Solicitor General urged affirmance, stressing that t...(Subscriber-Only)
Issues:
- Is the Court of Appeals’ factual finding that no unlawful aggression existed binding on the Supreme Court such that the conviction must stand?
- Did petitioner prove the elements of the justifying circumstance of defense of a stranger (or self-defense/defense of relative) under Article 11 of t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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