Case Summary (G.R. No. 198400)
Antecedent Facts
On the night of September 6, 1998, following a quarrel involving the petitioner, Benigno was attacked by Fe who wielded two scythes. The assault resulted in significant injuries to Benigno, particularly a hacking wound to his neck and an incised wound to his hand. Despite these injuries, Benigno survived due to timely medical intervention, albeit at a cost of over P10,000 for hospitalization, which he could not substantiate with receipts.
Defense Strategy
During the trial, the petitioner relied on the defenses of denial and alibi, claiming that he was not present at the crime scene during the relevant time. However, no disinterested witnesses corroborated his account, and the RTC found the defenses insufficient against the prosecution's evidence.
RTC Ruling
On July 13, 2006, the RTC convicted the petitioner of frustrated homicide, imposing an indeterminate sentence ranging from six years and one day to eight years of prision mayor. Additionally, the court ordered him to pay Benigno damages for medical expenses and consequential damages, despite a lack of concrete evidence supporting these claims.
CA Ruling
The CA upheld the RTC's conviction but modified the sentence to a range of six months and one day up to six years of prision correccional, as the CA clarified that the nature of the injury and the intent to kill must align with the penalties set forth in the Revised Penal Code. The CA also adjusted the damages awarded, eliminating the previous awards while providing P30,000 in moral damages and P10,000 in temperate damages.
Issue
The petitioner contested the lower courts' decisions, asserting that the evidence failed to establish intent to kill. He argued that the act of a single hacking blow was accidental and not indicative of a murderous intention.
Supreme Court's Analysis
Upon reviewing the petition, the Supreme Court determined that the issue raised was predominantly factual, falling outside the permissible scope of review under Rule 45 of the Rules of Court, which primarily deals with questions of law. The Court acquiesced to the lower courts' findings about the presence of intent to kill based on the manner of the attack and the injuries inflicted on the victim.
Judicial Conclusion
The Supreme Court affirmed the decision of the CA, finding no reversible error in the findings of fact pe
...continue readingCase Syllabus (G.R. No. 198400)
Case Overview
- This case involves a Petition for Review on Certiorari filed by Fe Abella y Perpetua (petitioner) against the Decision and Resolution rendered by the Court of Appeals (CA) affirming with modifications the conviction of the petitioner for the crime of frustrated homicide against her younger brother, Benigno Abella.
- The Regional Trial Court (RTC) of Misamis Oriental sentenced the petitioner to an indeterminate penalty of imprisonment and ordered the payment of damages to Benigno.
- The CA modified the penalty and the damages awarded, leading to the present petition for review.
Factual Background
- The incident occurred on September 6, 1998, during which the petitioner attacked Benigno with a scythe, inflicting serious injuries.
- The prosecution presented witnesses, including Benigno, his wife Amelita, and a medical doctor who treated Benigno.
- The defense included testimonies from the petitioner and her acquaintances, presenting an alibi and denial of the charges.
Prosecution's Evidence
- Witnesses testified that on the night of the attack, Benigno attempted to pacify the petitioner, who was causing trouble.
- During the confrontation, the petitioner was armed with two scythes and attacked Benigno, resulting in serious wounds to his neck and hand.
- Benigno was hospitalized for nearly a month due to the injuries sustained, which included an 11 cm hacking wound and a 4 cm incised wo