Title
Ibanez vs. People
Case
G.R. No. 190798
Decision Date
Jan 27, 2016
Petitioners convicted of frustrated homicide for unprovoked attack on Rodolfo Lebria; defenses of denial, alibi, and self-defense rejected; penalties and damages affirmed with modifications.
frustrated homicide
constitutional right to counsel
stoning
A

Case Summary (G.R. No. 190798)

Key Dates and Procedural Posture

Information filed October 11, 2001. Arraignments: Ronald and Bobot on May 9, 2002; Emilio on December 10, 2002. Pre-trial terminated April 23, 2003; trial commenced immediately thereafter. A critical hearing occurred on June 18, 2003 when prosecution witnesses Rodolfo and PO2 Sulit testified; petitioners’ court-appointed counsel failed to appear and the court deemed cross-examination waived, fined counsel and issued warrants/confiscated bonds for absentee accused. RTC rendered decision convicting petitioners on July 17, 2007. The Court of Appeals affirmed with modifications on September 25, 2009. The petition for review raised the sole issue of alleged deprivation of the right to counsel; the Supreme Court resolved the petition and modified damages and the sentence on appeal.

Facts — Prosecution Version

Prosecution witnesses, principally Rodolfo and his daughter Ruth and wife Salvacion, recounted a coordinated attack in the early morning of July 15, 2001. After Rodolfo made a comment about garbage in front of his house, members of the Ibañez family allegedly threw stones at him, hitting his forehead; he returned indoors, then emerged with a 2" x 2" piece of wood. Thereafter, he was struck on the head with a shovel by one accused, held by Ronald, and simultaneously stabbed in the abdomen by two others. Rodolfo lost consciousness and was subsequently treated first at Las Piñas District Hospital and later transferred to the Philippine General Hospital (PGH) where he underwent an exploratory laparotomy for multiple stab wounds and internal injuries. Prosecution produced the medico-legal certificate documenting multiple stab wounds to the epigastrium and left upper abdominal quadrant with internal injuries to the transverse colon (serosal), mesentery and left kidney; receipts totaling P2,174.80 were introduced for medical expenses and testimony indicated hospital confinement and surgical treatment.

Facts — Defense Version

Petitioners testified to a contrary account. Ronald claimed he was the initial victim of a stabbing by Rodolfo after attempting to pacify him and that he sought help at a police detachment; Ronald presented a photograph of a slipper and a balisong as supporting items. Bobot said he intervened to aid Ronald and was himself stabbed; in the struggle Bobot alleged that Rodolfo sustained an accidental abdominal wound and fled. Emilio asserted an alibi, claiming he was working overtime about one kilometer from the scene at the time of the incident. The defense offered medical certificates for Ronald and, later, for Bobot (the latter issued years after the incident). The defense asserted denial, alibi, and in Bobot’s purported position elements of self-defense or defense of another.

Representation in the Trial Court and Events Bearing on Right to Counsel

Multiple court-appointed counsel represented the accused at various stages. Atty. Colasito initially assisted Ronald and Bobot at arraignment; Atty. Manzano was appointed as counsel de oficio and appeared for petitioners in pre-trial but failed to appear at the June 18, 2003 hearing when two prosecution witnesses testified; the court deemed cross-examination waived, fined Atty. Manzano, ordered arrest/warrant actions and confiscated bonds where applicable. Subsequent counsel de oficio (Atty. Caneda, then Atty. Sindingan after others were relieved or recused) actively participated thereafter; petitioners were represented at subsequent hearings, cross-examinations and in presentation of defense evidence. Petitioners later contended they were deprived of their constitutional right to counsel because their counsel de oficio missed the June 18, 2003 hearing.

Trial Court Findings and Ruling

The RTC credited the positive, consistent, first-hand testimony of prosecution witnesses over the petitioners’ accounts and found the elements of frustrated homicide established. The RTC found conspiracy and a concerted attack resulting in multiple stab wounds that would have been fatal but for timely medical intervention. The court convicted Ronald, Emilio and Daniel (“Bobot”) Ibañez of frustrated homicide and sentenced them to prision mayor (minimum six years and one day to eight years as maximum under the trial court’s original disposition) and ordered indemnity for medical expenses (P2,174.80). The RTC emphasized credibility findings favoring prosecution witnesses, noting the defense accounts were self-serving and unsupported by third-party corroboration.

Court of Appeals Ruling

The Court of Appeals affirmed the conviction but modified the penalty range under the Indeterminate Sentence Law, imposing an indeterminate term with a minimum of six years prision correccional and a maximum of eight years and one day prision mayor. The CA also awarded P15,000 as temperate damages and P30,000 as moral damages to the victim.

Issue on Certiorari Presented to the Supreme Court

The sole issue raised before the Supreme Court was whether the petitioners were deprived of their constitutionally guaranteed right to counsel when their court-appointed counsel failed to appear at the June 18, 2003 hearing and the trial court deemed cross-examination of two prosecution witnesses waived.

Supreme Court Ruling — Right to Counsel: Legal Framework and Application

The Supreme Court applied the 1987 Constitution (Article III, Section 14) and the Revised Rules of Criminal Procedure (Rules 115 and 116) concerning the right to counsel and the duty of the court to appoint counsel de oficio. The Court reiterated that the right to counsel is fundamental and deprivation results in denial of due process only where the lack of counsel substantially prejudiced the defense. The Court examined the procedural history and concluded petitioners were represented by counsel de oficio throughout most of the proceedings; they had opportunity to be heard and to confront witnesses. The Court emphasized that the right to cross-examination is personal and may be waived expressly or impliedly; the essence is the opportunity, not necessarily the actual exercise, of cross-examination. The June 18, 2003 waiver of cross-examination resulted from counsel’s absence and from the absence of one accused (Ronald), which led to procedural consequences (warrant issuance and bond confiscation). Petitioners did not object to the presentation of testimony at that hearing nor seek relief from the June 18 order. The Court found no proof that counsel de oficio were negligent in protecting petitioners’ interests or that the single absence amounted to a total denial of counsel. Consequently, the Court held there was no deprivation of the constitutional right to counsel warranting nullification of the proceedings.

Supreme Court Ruling — Guilt and Elements of Frustrated Homicide

On the merits, the Supreme Court found the RTC and CA factual findings supported by substantial evidence and affirmed the conviction for frustrated homicide. The Court articulated the elements of frustrated homicide: (1) intent to kill manifested by use of deadly weapon; (2) victim sustained mortal wounds but death was prevented by causes independent of the accused (

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