Title
Serrano y Cervantes vs. People
Case
G.R. No. 175023
Decision Date
Jul 5, 2010
A 1999 UP brawl led to petitioner Serrano stabbing victim Galang; convicted of attempted homicide due to intent but lack of proven fatal injury.

Case Digest (G.R. No. 175023)
Expanded Legal Reasoning Model

Facts:

  • Background and Incident
    • On March 8, 1999, a street brawl erupted at University of the Philippines–Diliman between two rival groups, including petitioner Giovani Serrano y Cervantes and victim Anthony Galang y Lagunsad.
    • During the melee, Galang was stabbed in the left abdomen; he was rushed to UP Infirmary and referred to East Avenue Medical Center, where surgery was performed.
  • Procedural History
    • Petitioner was charged on March 11, 1999 with frustrated homicide, pleaded not guilty on March 20, 2000, and stipulated certain investigative facts to dispense with live testimony of SPO2 dela Paz and the hospital records custodian.
    • At trial, the prosecution presented witnesses Anthony Galang (victim), Arlo Angelo Arceo, Sgt. Rolando Zoleto, and SPO2 Roderick Dalit; the defense presented the petitioner, his brother Gener Serrano, and George Hipolito.
  • Lower Court Decisions
    • The Regional Trial Court (RTC), Branch 83, Quezon City, convicted petitioner of frustrated homicide and sentenced him to 4 years, 2 months, 1 day to 10 years imprisonment, ordering indemnity of ₱19,000.00.
    • On appeal (CA-G.R. CR No. 29090), the Court of Appeals modified the conviction to attempted homicide, imposed 6 months arresto mayor to 4 years, 2 months prision correccional, reduced actual damages to ₱3,858.50, and deleted loss earnings.
    • Petitioner filed a Rule 45 petition for review on certiorari before the Supreme Court.

Issues:

  • Identification and Credibility
    • Whether the Court of Appeals erred in giving full credence to the victim’s allegedly inconsistent testimony.
    • Whether the CA improperly relied on speculative and conjectural prosecution testimony.
  • Proof of Intent and Injury
    • Whether the chaotic brawl setting precludes positive identification of the assailant.
    • Whether the evidence establishes intent to kill and a fatal wound sufficient for frustrated homicide.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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