Case Digest (G.R. No. 235016) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On December 24, 2011, in Alabang, Muntinlupa City, Nestor Bendecio y Viejo alias “Tan” was charged with the complex crime of attempted murder with murder for shooting at Gerry Marasigan y Campit with treachery. According to the Information, appellant suddenly drew a handgun, aimed at Gerry at close range, and fired, intending to kill him. The bullet, however, missed Gerry and struck his seven-year-old daughter, Jonabelle Marasigan, fatally wounding her, and then hit Gerry’s sister, Princess Marasigan, injuring her. At arraignment, appellant pleaded not guilty. During trial, Gerry and Princess Marasigan testified to appellant’s identity and the circumstances of the attack, while appellant claimed an alibi—that he was in Samar at the time—and denied involvement. The Regional Trial Court, Branch 207, Muntinlupa City, rendered judgment on July 19, 2016, convicting appellant of the complex crime of attempted murder with homicide and sentencing him to an indeterminate penalty of twelv Case Digest (G.R. No. 235016) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Charge and Procedural Posture
- Appellant Nestor Bendecio y Viejo alias “Tan” was charged with the complex crime of attempted murder with murder for the December 24, 2011 shooting at Muntinlupa City.
- He pleaded not guilty at arraignment. Trial ensued before the Regional Trial Court (RTC), Branch 207, Muntinlupa City.
- Prosecution’s Version
- Gerry Marasigan testified that after a drinking spree, he and his wife returned home and bumped into appellant. Without provocation, appellant suddenly drew a handgun and fired at Gerry. The bullet missed Gerry, fatally wounding his seven-year-old daughter Jonabelle and injuring his sister Princess.
- Princess Marasigan corroborated that appellant fired one shot at Gerry from close range; the bullet struck Jonabelle in the chest and grazed Princess’s leg. Jonabelle died the following day.
- Defense’s Version
- Appellant claimed he was in Samat, Samar on the date of the incident and that he had no motive or prior dispute with Gerry.
- He denied committing the shooting and asserted an alibi unsupported by corroborative evidence.
- Lower Court Decisions
- The RTC, by Decision dated July 19, 2016, convicted appellant of the complex crime of attempted murder with homicide, sentencing him to an indeterminate term of 12 years to 20 years and ordering various damage awards.
- The Court of Appeals, in its August 17, 2017 Decision (CA-G.R. CR No. 39046), affirmed the conviction with modification: reclassifying the homicide as murder, imposing reclusion perpetua, and increasing certain damage awards.
Issues:
- Whether the Court of Appeals erred in convicting appellant of the complex crime of attempted murder with murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)