G.R. No. L-5848 - People vs. Sy Pio

The defendant-appellant Sy Pio, alias Policarpio de la Cruz, was charged with frustrated murder against Tan Siong Kiap.
The incident occurred early morning of September 3, 1949, at 511 Misericordia, Sta. Cruz, Manila.
Defendant entered a store and fired a .45 caliber pistol. After shooting another person (Jose Sy), Tan Siong Kiap questioned him, whereupon defendant also fired at Tan Siong Kiap, hitting him in the right shoulder and back.
Tan Siong Kiap escaped and hid behind the store while defendant continued firing shots and later fled.
Tan Siong Kiap was confined at Chinese General Hospital from Sept. 3 to Sept. 12, 1949, continued treatment afterwards, and spent approximately P300 on medical expenses.

Defendant also shot Ong Pian and Jose Sy on the same morning.
Defendant was found in custody of Constabulary in Tarlac on September 5, and the pistol used was confiscated.
A Manila police officer, Captain Daniel V. Lomotan, took defendant into custody.
Defendant gave a written confession detailing the attacks on the three victims, signed in both his Chinese and Filipino names.

Defendant admitted resentment against Ong Pian, Jose Sy, and Tan Siong Kiap due to financial disputes and accusations regarding lost money.
The confession explained the motive as related to loans and allegations of lost money, accusing Tan and Jose Sy of accusing him of losing money through gambling.
Defendant claimed to have obtained the pistol from a third party and fired the shots at the victims.
At trial, defendant retracted the confession, denying he shot the victims, claiming it was a man named Chua Tone who did it and that he merely signed the statement without reading it.
Defendant offered no witnesses to support this denial and admitted circumstances that aligned with his confession.

The trial court credited the victim’s testimony and defendant’s written confession.
Defendant was convicted of frustrated murder and sentenced to indeterminate imprisonment and ordered to indemnify the victim P350 without subsidiary imprisonment for insolvency.
Defendant appealed the conviction.

Claimed the bullet that hit Tan Siong Kiap was accidental, originally fired at Jose Sy.
Argued that evidence was insufficient to prove the crime.
Contended that damages awarded were excessive given the actual expenses.
Claimed the crime should be less serious physical injuries, not frustrated murder.

Whether the shot wound inflicted on Tan Siong Kiap was accidental or intentionally aimed at him as a separate offense from the murder of Jose Sy.
Whether the evidence was sufficient to prove beyond reasonable doubt that defendant committed the crime charged.
Whether the amount of indemnity awarded to Tan Siong Kiap was unjustified.
Whether the proper crime charged and punishable was frustrated murder or a less serious offense, such as less serious physical injuries or attempted murder.