Case Summary (G.R. No. 130613)
Respondent
• People of the Philippines
• Glenn Redoquerio
Key Dates
• Commission of the offense: January 1, 2010
• RTC decision convicting petitioner: September 2, 2016
• CA decision affirming conviction: September 5, 2017
• SC decision on certiorari: November 16, 2020
Applicable Law
• 1987 Philippine Constitution
• Revised Penal Code (RPC) Art. 12(3) (minor’s discernment), Art. 68(2) (mitigating circumstance of minority), homicide and frustrated felony provisions
• RPC Art. 101 (civil liability for minors acting without discernment)
Facts of the Case
An information charged CICL XXX, with discernment, conspiring with Puyo and Narag to commit homicide by mauling and striking Redoquerio with a stone, inflicting serious wounds. The victim survived due to prompt medical care. At trial, Redoquerio and an eyewitness, Michael de los Santos, positively identified CICL XXX as one of the assailants. Medical records were introduced by stipulation through Luague, who could authenticate but not interpret their clinical content.
Defense Version
CICL XXX denied participation, claiming he was at a family celebration when he merely observed Redoquerio mauling another person. He suggested mistaken identity and denied any gun possession beyond his father’s lawful police‐issue weapon.
Ruling of the Regional Trial Court
The RTC convicted CICL XXX of frustrated homicide, imposing an indeterminate sentence of four months to two years and four months’ imprisonment, and awarded P18,922.90 in actual damages, P30,000 in civil indemnity, and P30,000 in moral damages.
Ruling of the Court of Appeals
The CA affirmed the conviction, finding proof of conspiracy and that the victim’s injuries would have been fatal but for medical intervention. It discounted the petitioner’s bare denial against positive eyewitness testimony.
Issues for Resolution
- Whether the prosecution proved that the minor petitioner acted with discernment as required under RPC Art. 12(3).
- Whether there was proof that the victim’s injuries were inherently fatal, supporting a finding of frustrated homicide.
Court’s Ruling on Discernment
The Supreme Court held that under RPC Art. 12(3), a minor above 15 but below 18 is presumed to act without discernment, and the prosecution must affirmatively prove discernment as a distinct element. Neither the RTC nor the CA addressed discernment. They equated intent to kill with discernment, a conflation rejected by jurisprudence distinguishing intent (purpose of the mind) from discernment (capacity to know right from wrong). Because the prosecution failed to offer direct or circumstantial evidence of CICL XXX’s ability to distinguish right from wrong, the presumption of non-discernment remained unrebutted, warranting acquittal of the criminal charge.
Court’s Ruling on Extent of Injuries
Even assuming discernment, frustrated homicide requires proof that the wounds were intrinsically mortal and that death was averted by causes independent of the assailant’s will. The m
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Citation and Procedural History
- G.R. No. 237334, August 14, 2019; Second Division, 859 Phil. 912 (2020)
- Petition for Review on Certiorari filed by the accused-appellant CICL XXX
- Challenged Decision of the Court of Appeals (CA) dated September 5, 2017 in CA-G.R. CR No. 39177, which affirmed the RTC of Quezon City Branch 94’s Decision of September 2, 2016
- RTC had convicted CICL XXX of frustrated homicide in Criminal Case No. Q-12-175544
- CA denied motion for reconsideration on January 18, 2018; appealed to the Supreme Court
Facts
- Date and place: January 1, 2010, Quezon City
- Accused: CICL XXX, 17-year-old minor, alleged to have acted with discernment
- Co-accused/conspirators: Christopher Puyo and Jayjay Narag
- Victim: Glenn Redoquerio, who was sent to buy iced tea powder
- Incident: CICL XXX allegedly brandished a gun, attempted to fire it, then struck the victim with the gun; Puyo and Narag restrained and inflicted further blows with fists and stone
- Victim’s condition: Comatose for seven days; treated at East Avenue Medical Center; incurred medical expenses supported by receipts
- Witnesses: Private complainant Redoquerio, eyewitness Michael de los Santos, and medical records custodian Reginaldo Luague
Issue Presented
- Whether the CA erred in convicting CICL XXX despite failure to prove that he acted with discernment
- Whether the CA erred in upholding frustrated homicide without proof of the extent and fatality of the victim’s injuries
Ruling of the RTC
- Found CICL XXX guilty beyond reasonable doubt of frustrated homicide
- Imposed indeterminate penalty: minimum 4 months arresto mayor, maximum 2 years and 4 months prision correccional
- Awarded actual damages (₱18,922.90), civil indemnity (₱30,000), and moral damages (₱30,000)
- Rejected def