Case Digest (G.R. No. 242552) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Benjamin M. Oliveros, Jr., et al. v. People of the Philippines (G.R. No. 242552, March 3, 2021), petitioners Benjamin M. Oliveros, Jr., Oliver M. Oliveros, and Maximo Z. Sotto were charged with the crime of frustrated murder under an Information dated October 30, 2013. According to the prosecution, the three men, armed with bolos and in conspiracy with one another, assaulted Glenn F. Apostol inside the public market of Poblacion, Binmaley, Pangasinan. Oliver secured the victim from behind, allowing Benjamin to hack him on the left zygomatic area and another bolo blow to his right shoulder. Maximo and the others reportedly mauled and kicked Apostol even as he lay defenseless, inflicting multiple wounds including a 9 cm cut on the cheek and fractures of the cheekbone. Due to prompt medical attention, Apostol survived. The Regional Trial Court (RTC) of Lingayen, Branch 69, convicted all three accused of frustrated murder on November 16, 2015, sentencing them to an indeterminate ... Case Digest (G.R. No. 242552) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural Background
- Petitioners Benjamin M. Oliveros, Jr., Oliver M. Oliveros and Maximo Z. Sotto were charged with frustrated murder before the RTC of Lingayen, Pangasinan (Crim. Case No. L-9894).
- The RTC convicted them of frustrated murder (Nov. 16, 2015). On appeal, the CA affirmed with modified damages (Jan. 31, 2018). Petitioners filed a Rule 45 petition before the SC.
- Incident and Trial
- On October 30, 2013 at Poblacion public market, Binmaley, Pangasinan, petitioners, armed with bolos, conspired to attack Glenn F. Apostol (private complainant) and his father Virgilio. They punched, hacked (9 cm wound on left zygomatic area; 5 cm on right shoulder; 3 cm frontal laceration; cheekbone fracture) and mauled the victims.
- The victims were rushed to hospital; prompt medical intervention prevented death.
- Prosecution witnesses: Glenn Apostol, Virgilio Apostol, eyewitness Irma delos Santos, and Dr. Melquiades Manaois.
- Defense witnesses: Benjamin, Oliver, Maximo and their sister Mimielyn Sotto, who claimed self-defense/defense of a relative and denied concerted intent.
Issues:
- Did the CA err in upholding the conviction for frustrated murder?
- Were the elements of frustrated murder—intent to kill, abuse of superior strength, and fatal nature of wounds—sufficiently proven?
- Were claimed justifying (self-defense/defense of a relative/stranger) or mitigating circumstances (passion/obfuscation) established?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)