Case Summary (G.R. No. 197645)
Decision Overview
This petition for review on certiorari seeks to overturn the 15 September 2010 Decision and the 15 June 2011 Resolution of the Court of Appeals in CA-G.R. CR No. 00555, affirming the Regional Trial Court’s conviction of the petitioner for frustrated homicide.
Background Facts
On 5 March 2004, Carlos Jay Adlawan was charged with frustrated murder and attempted robbery. Following his arraignment, a trial ensued where evidence indicated a violent confrontation with Georgia R. Adlawan on 18 February 2004, during which the petitioner attacked her with a katana after questioning her about money for his father's hospital bills. Georgia sustained multiple serious injuries, which were documented by medical professionals.
Prosecution's Evidence
The prosecution's case was supported by the victim's testimony, corroborating witnesses, and medical evidence. Georgia testified that after a heated argument about finances, the petitioner physically assaulted her, resulting in serious injuries. Several witnesses, including the family's houseboy and Georgia's secretary, confirmed the incident and supported her account. The medical certificate provided by Dr. Rogelio Kangleon detailed her injuries which were potentially fatal, emphasizing the timing of medical intervention.
Defense's Version
The petitioner’s defense relied on the testimony of Cornelio, the houseboy, who claimed he did not see any hacking incident and suggested that Georgia's injuries resulted from her falling while attempting to escape. This defense did not include testimony from the petitioner himself.
Regional Trial Court's Ruling
The Regional Trial Court acquitted the petitioner of attempted robbery while convicting him of frustrated homicide, citing sufficient evidence to support the claim of intent to kill based on the multiple and severe injuries inflicted on Georgia. The court also recognized aggravating circumstances due to the relationship between the parties and the nature of the attack, ultimately sentencing the petitioner to imprisonment and damages.
Court of Appeals Ruling
The Court of Appeals affirmed the conviction, indicating that the evidence demonstrated clear intent to kill. However, they noted an error in recognizing aggravating circumstances not alleged in the information. The appellate court modified the petitioner’s sentence but upheld the conviction.
Motion for Reconsideration
Subsequently, the petitioner filed a motion for reconsideration and a joint motion to dismiss based on an affidavit of recantation from Georgia, who purportedly retracted her accusations. The appellate court denied these motions, stating that recantation without additional evidence does not suffice to overturn a conviction.
Issues Raised by the Petitioner
The petitioner raised two primary issues: first, whether there was a grave failure of appellate review, which he claimed violated due process; second, whether the Court of Appeals erred by
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Background of the Case
- The petition for review on certiorari seeks to overturn the decisions and resolutions from the Court of Appeals regarding the conviction of Carlos Jay Adlawan for the crime of Frustrated Homicide.
- The case originated from two criminal cases (CBU-68828 and CBU-68829) in the Regional Trial Court of Cebu City.
- The RTC found Adlawan guilty of Frustrated Homicide but acquitted him of Attempted Robbery.
Facts of the Case
- Adlawan, the petitioner, is the stepchild of the private complainant, Georgia R. Adlawan, who is married to his father, Alfonso V. Adlawan.
- On 5 March 2004, Adlawan was charged with Frustrated Murder and Attempted Robbery.
- During the incident on 18 February 2004, Georgia had instructed her secretary to withdraw P100,000.00 for Alfonso's hospital bills.
- A confrontation ensued when Adlawan, demanding the whereabouts of the money, attacked Georgia with a katana, inflicting multiple injuries.
- Georgia managed to escape and seek medical help, where she was treated for significant injuries, including lacerations and contusions.
Evidence Presented
Prosecution Evidence:
- Testimonies from Georgia, who identified Adlawan as the attacker, and Fred John Dahay, who witnessed the attack.
- Medical certificates and photographs documenting Georgia's injuries.
- Police testimonies regarding the investigation, although evidence was sei