Case Digest (G.R. No. 195021)
Facts:
Petitioners Nicolas Velasquez and Victor Velasquez were charged with attempted murder under Article 248 in relation to Article 6 of the Revised Penal Code for an May 24, 2003 assault on Jesus Del Mundo, who sustained a depressed skull fracture and other injuries. The Regional Trial Court convicted them of attempted murder; the Court of Appeals modified the conviction to Serious Physical Injuries and reduced the sentence; petitioners appealed to the Supreme Court.Trial evidence included Jesus’s testimony, corroborative testimony of an eyewitness, Maria Teresita Viado, and medico-legal findings; petitioners claimed self-defense and defense of a relative under Article 11 of the Revised Penal Code, but offered no independent corroboration of their account.
Issues:
- Did petitioners establish justifying circumstances under Article 11 of the Revised Penal Code?
- Was the evidence sufficient to sustain conviction for the injuries inflicted on Jesus Del Mundo?
Ruling:
The Court DENIED Case Digest (G.R. No. 195021)
Facts:
- Parties and procedural posture
- Nicolas Velasquez and Victor Velasquez (petitioners) filed a Petition for Review on Certiorari under Rule 45.
- People of the Philippines was the respondent.
- Co-accused in the Information included Felix Caballeda, Jojo Del Mundo, Sonny Boy Velasquez, and Ampong Ocumen.
- The Regional Trial Court, Branch 41, Dagupan City rendered a July 25, 2007 Decision finding petitioners and Felix Caballeda guilty of attempted murder and Sonny Boy Velasquez guilty of less serious physical injuries; Jojo Del Mundo was acquitted; case against Ampong Ocumen was archived as at large.
- The Court of Appeals in CA-G.R. CR. No. 31333 issued a March 17, 2010 Decision modifying the RTC conviction and finding the accused guilty of serious physical injuries.
- The Supreme Court resolution challenged the Court of Appeals Decision and its subsequent Resolution denying reconsideration.
- Alleged factual scenario as narrated by the prosecution
- On May 24, 2003, at about 10:00 p.m., spouses Jesus Del Mundo and Ana Del Mundo left their home to sleep in their nipa hut about 100 meters away.
- Upon arriving at the nipa hut, they saw Ampong Ocumen and Nora Castillo engaging in sexual intercourse, prompting Jesus Del Mundo to shout invectives; Ampong and Nora fled.
- Jesus Del Mundo pursued Ampong and Nora while Ana Del Mundo went to fetch their son.
- After failing to find them at Ampong's aunt's house, Jesus Del Mundo began to return home and was allegedly intercepted by Ampong and the named accused.
- Petitioners and co-accused were alleged to have been armed with stones and wooden poles and to have attacked Jesus Del Mundo with intent to kill, employing treachery and abuse of superior strength.
- Specific acts alleged: Nicolas Velasquez struck the left side of Jesus' forehead with a stone; Victor Velasquez struck the left eyebrow with a stone; Felix Caballeda struck above the left ear with a stone; Sonny Boy Velasquez hit the back below the right shoulder with a bamboo; Ampong Ocumen punched the left cheek.
- Jesus Del Mundo was left bloodied, crawled and hid, then staggered home and was taken to Barangay Captain Pilita Villanueva and brought to the hospital.
- Medical findings and supporting witness testimony
- Dr. Jose D. De Guzman issued a medico-legal certificate stating: Positive alcoholic breath; lacerated wound fronto-parietal area left (3 cms); lacerated wound frontal area left (1 cm); abrasion back left multi-linear approx. 20 cm; abrasion shoulder left confluent 4x10 cm; depressed skull fracture parietal area left.
- Dr. De Guzman noted the injuries required four to six weeks of medical attention and advised surgery, which Jesus could not undergo for lack of funds.
- Eyewitness Maria Teresita Viado testified that she and Ana Del Mundo searched for Jesus, that she hid behind bamboos upon hearing a man being beaten, and that from that vantage she saw the accused mauling Jesus; a lamp post about four or five meters away illuminated the scene.
- Jesus Del Mundo testified as a witness to his own assault.
- Defense version of events and plea
- Petitioners claimed that on May 24, 2003, Nicolas Velasquez was roused by his wife Mercedes Velasquez because Victo...(Subscriber-Only)
Issues:
- Primary legal questions presented
- Whether petitioners established the existence of justifying circumstances under Article 11 of the Revised Penal Code, specifically self-defense and defense of a relative.
- Whether the evidence was sufficient to convict petitioners of the charged offense or whether their plea of justifying circumstances absolved them of criminal liability.
- Whether the testimonies of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)