Case Summary (G.R. No. 190912)
Factual Background
The conflict began when Elpidio confronted his sister Isabelita, leading to verbal exchanges with her son Winston. After initial reconciliation attempts failed, Elpidio returned to Isabelita's house, where he was met with hostility from her sons and son-in-law, including physical attacks from Salvador and Gary. The altercation escalated as Salvador struck Elpidio with a rattan stick, and Gary assaulted him with a tomahawk axe, resulting in severe injuries after he was joined by other aggressors, including Rolando Villanueva, who hit Elpidio with a lead pipe.
Criminal Information Filed
Following the incident, an information was filed charging all aggressors, including petitioners, with attempted murder as defined under Article 248 of the Revised Penal Code. The prosecution alleged that the accused had acted in concert with the intent to kill, despite not completing the act of murder due to circumstances outside their control.
Trial and Verdict in RTC
The RTC, after hearing testimonies and evaluating evidence, acquitted several accused but found Fantastico and Villanueva guilty of attempted murder. They were sentenced to an indeterminate penalty of imprisonment and ordered to pay actual and moral damages to the victim. The basis for conviction included the violent and coordinated manner in which the attack was executed.
Appeal to the Court of Appeals
Petitioners appealed the trial court's decision, raising multiple arguments against the findings. They contended that the CA and RTC had erroneous conclusions based on factual misinterpretations, asserting that the information lacked essential elements of the crime of attempted murder and that treachery, a qualifying circumstance, was absent.
Sufficient Allegation of Crime Elements
The court determined that the essential elements of attempted murder had been sufficiently alleged in the information filed, particularly that they commenced the act with overt acts but failed to complete the task due to external circumstances. This is aligned with the provisions outlined in the Revised Penal Code regarding the nature of attempts at committing a felony.
Evaluation of Intent to Kill
The presence of intent to kill was established through the nature of the assault, the weapons used, and the behavior of the attackers. The testimonial evidence indicated that the acts exhibited malice and a deliberate attempt to inflict serious harm upon Elpidio. The absence of treachery was also examined, concluding that the spontaneous and reactionary nature of the attack did not satisfy the criteria for such aggravation.
Findings on Abuse of Superior Strength
The court found that abuse of superior strength was appropriately established in this case, as the aggressors were armed and outnumbered Elpidio, who was incapacitated due to intoxication. This consideration was central to the sentencing as it proved the clear disparity betwee
...continue readingCase Syllabus (G.R. No. 190912)
Case Information
- Citation: 750 Phil. 120
- Date: January 12, 2015
- G.R. No.: 190912
- Division: Third Division
- Petitioners: Gary Fantastico and Rolando Villanueva
- Respondents: Elpidio Malicse, Sr. and People of the Philippines
- Decision by: Justice Peralta
Background of the Case
- The petitioners, Gary Fantastico and Rolando Villanueva, filed a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure.
- They sought to challenge the Decision dated August 31, 2009, and Resolution dated January 7, 2010, of the Court of Appeals, which affirmed the Decision dated March 31, 2008, of the Regional Trial Court (RTC), Branch 11, Manila.
- The RTC found the petitioners guilty of attempted murder.
Facts of the Case
- On June 27, 1993, Elpidio Malicse, Sr. confronted his sister Isabelita Iguiron after a verbal altercation with her son, Winston.
- Elpidio, influenced by alcohol, slapped Isabelita during the confrontation, leading to the involvement of the Barangay Chairman, who later persuaded him to return home.
- Elpidio later returned to Isabelita's house for reconciliation and encountered her sons, Titus Iguiron and Gary Fantastico, who verbally assaulted him.
- In a fit of anger, Elpidio kicked open the door and was assaulted by Salvador Iguiron, who struck him with a rattan stick, leading to a physical altercation.
- During the melee, Elpidio was assaulted by multiple assailants using various weapons, leading to severe injuries, including fractures.
- Witnesses attempted to intervene, but the attack continued until a bystander fainted, prompting the attackers to stop and allowing Elpidio to