G.R. No. 188751 - Nieva y Montero vs. People

In an Information dated November 2, 2005, Bonifacio Nieva was charged with the crime of frustrated murder in the Regional Trial Court (RTC) of Malabon, Branch 73 (Criminal Case No. 33415-MN).
The charge stemmed from the incident that occurred on or about October 28, 2005, in Malabon City, Metro Manila, involving an armed assault on Judy Delatavo Ignacio.
The Information alleged that Nieva, while armed with a gun (wrapped in a white piece of cloth), attacked Judy with intent to kill, using treachery and evident premeditation, which culminated in Judy sustaining a gunshot wound that, although severe, was prevented from being fatal due to timely medical intervention.

On October 28, 2005, around six o’clock in the evening, Luna and Raymundo were at the Kaunlaran, Hernandez, Catmon Homeowners Association building where Judy, who was the president of the association, was supervising the construction of her nipa hut.
Nieva approached Judy inquiring about an electrification project, to which she responded that the matter was already handled by the Manila Electric Company (MERALCO).
Suddenly, Nieva shouted aggressive and profane remarks at Judy, claiming that the association’s presidents would face problems.

Nieva drew a .357 caliber revolver and pointed it at Judy, who, overwhelmed with fear, clung onto Luna for protection.
Despite being only two arms’ length away, Nieva fired several rounds; his initial attempts resulted in the gun jamming.
During the ensuing struggle, Luna and Nieva grappled for possession of the firearm after Judy pushed Luna towards Nieva. Raymundo intervened and assisted in seizing the weapon.

Prosecution witnesses included Judy Ignacio (the victim), Luna Ignacio and Raymundo Delatavo (eyewitnesses), Dr. Dindohope Serrano (attending physician), and PO2 Jesus Del Fiero (the arresting officer).
Dr. Serrano testified that Judy sustained a gunshot wound at her right leg, which led to a bone fracture at her right tibia and a lacerated wound at her left thigh—wounds that could have been fatal without prompt medical attention.
PO2 Del Fiero testified that Luna surrendered the firearm to him at the scene before subsequently arresting Nieva in his home.

Nieva, along with his wife Luz and son Julius (whose testimonies were intended to corroborate him), presented a version differing significantly from that of the prosecution witnesses.
According to Nieva, while passing by the Kaunlaran Homeowners Association, he engaged in a heated discussion with Judy concerning the electrification project.

Nieva claimed that the verbal dispute escalated when Judy accused him of causing damage to an electric post, prompting him to prepare to box her by using a handkerchief wrapped around his right hand.
He asserted that the involvement of Luna, who allegedly pointed a gun towards him, led to a tussle in which the firearm was wrestled for and eventually discharged accidentally.
Nieva contended that he had no intention to kill Judy and that the shooting was merely an accident.

On October 11, 2007, the RTC convicted Nieva of frustrated homicide rather than frustrated murder, on the basis that the incident lacked evident premeditation and treachery.
Nieva was sentenced to imprisonment ranging from six (6) years and one (1) day of prision correccional to twelve (12) years and one (1) day of prision mayor.
The RTC also ordered him to pay Judy P40,000.00 for hospitalization expenses and an additional P40,000.00 as moral damages.

In its Decision dated February 25, 2009, the CA affirmed the RTC’s conviction with modifications to the penalty, reducing the sentence to a minimum of four (4) years, two (2) months, and one (1) day of prision correccional, and a maximum of eight (8) years and one (1) day of prision mayor.
Nieva’s defense, raising issues concerning the inconsistencies in witness testimonies, the claim of accidental discharge, and lack of intent to kill, was rejected.
The CA’s decision was further upheld when a Motion for Reconsideration was filed and subsequently denied in a Resolution dated July 9, 2009.

Nieva filed a Petition for Review on Certiorari challenging the CA’s rulings, which was eventually denied by the Supreme Court on November 16, 2016.

Whether the Court of Appeals erred in affirming the conviction of Bonifacio Nieva for frustrated homicide.

Whether inconsistencies among the testimonies of the prosecution witnesses (Judy, Luna, and Raymundo) were sufficient to undermine their credibility and negate the identification of Nieva as the shooter.
Whether Nieva’s defense—that the shooting was an accident and his actions lacked intent—could exempt him from criminal liability.
Whether the evidence sufficiently established the elements of frustrated homicide, including the manifestation of intent to kill despite the accidental outcome of the shooting.