Title
Novicio vs. People
Case
G.R. No. 163331
Decision Date
Aug 29, 2008
A 1998 shooting during a party led to a frustrated homicide conviction; self-defense claims were rejected due to lack of evidence and intent to kill inferred from the injury's severity.
frustrated homicide
shooting
credibility of witnesses

Case Summary (G.R. No. 163331)

Charged Offense and Procedural Antecedents

Petitioner was charged through an Information dated December 11, 1998 with Frustrated Homicide, alleging that he, with intent to kill, unlawfully attacked and shot Mario Mercado using a short firearm, causing a gunshot wound described as a one-inch entry wound at the right pubic area and a one-inch stellated exit wound at the left gluteus. The allegation stressed that petitioner performed acts of execution that would have produced homicide but for timely and effective medical attendance that prevented death.

Petitioner voluntarily surrendered and posted bail for provisional liberty in the amount of P24,000.00, and the RTC recalled the warrant of arrest. Upon arraignment on January 29, 1999, petitioner pleaded not guilty. Trial ensued.

Competing Versions of the Incident

At trial, the CA identified two varying versions of what transpired on September 24, 1998.

According to Mario Mercado, at the time and place of the birthday celebration, he was drinking with several persons, including petitioner. When petitioner arrived, he sat with the group, drew a gun from his waist, sat on it after a while, and then pointed to Mario, telling him “Huwag kang tatayo Boy.” When Mario was about to stand, petitioner shot him. Mario fled to Reynaldo’s house and hid in a room, but Arnold Novicio—petitioner’s son—forcibly opened the room, with an instruction “Ano-ano Boy, tapusin na kita,” while aiming a short gun. Shelly Novicio-Iporac shouted that Mario had a gunshot, prompting Arnold to leave him. Mario was later taken to the hospital. Mario also testified that petitioner had a continuing grudge because on the evening of July 23, 1998 petitioner had similarly pointed a gun at him.

Mario’s testimony was corroborated by his wife, Maricris Mercado, and by his father-in-law, Demetrio Valenzuela.

Petitioner’s version was materially different. Petitioner claimed that when he arrived on the occasion, he and the group—Demetrio Valenzuela, Aniano Paquia, Edmund Acosta, petitioner’s brother-in-law Andy, petitioner’s brother Reynaldo Novicio, and Mario—were already noisy with empty bottles of gin. Petitioner said that before he could sit, Mario remarked about the Governor’s child arriving. Petitioner ignored this because Mario appeared drunk. Petitioner further claimed Mario repeatedly taunted him, including telling him that he would be axed or removed from government service. Petitioner stated he eventually confronted Mario and told him to stop, but Mario suddenly stood, drew a .38 caliber revolver, and pointed it at petitioner. Petitioner alleged that he then held Mario’s hand and tried to take the gun. Failing to seize it, petitioner attempted to change the direction of the gun’s pointing, and the two grappled until they fell to the ground, causing the gun to go off and fall to the ground. Petitioner asserted that after Reynaldo pulled him and told him to run because Mario was attempting to pick up the gun, petitioner ran away and later returned the next morning when Reynaldo informed him that Mario had been wounded from the gunshot during their grappling. Petitioner emphasized that he never intended to kill or injure Mario, suggesting that because the parties were near each other he could have shot Mario in a vital part but did not.

In support of his account, petitioner’s witnesses included Reynaldo Novicio, Edmund Acosta, Walfredo Cruz, Arnold Novicio, and Arnel Pena. They also alleged that after petitioner ran away, they saw Mario handing the gun to Demetrio. Arnold denied pointing a gun at Mario.

Medical Findings

Medical evidence came from Dr. Roberto Correa, Medical Officer IV of the Aurora Memorial Hospital. Dr. Correa testified that Mario sustained a gunshot wound with entry located at the right pubic area measuring one inch and exit at the left gluteus (buttocks), also measuring one inch and stellated. Dr. Correa added that it was possible the wound was fatal. Because of the injury’s nature and the possibility of hitting a vital organ, the doctors decided to transfer Mario to the Dr. Paulino J. Garcia Memorial Research and Medical Center in Cabanatuan City.

RTC Decision: Credibility, Inferences, and Criminal Liability

In its judgment dated May 9, 2001, the RTC found material inconsistencies in petitioner’s testimony and in the testimonies of his witnesses, which led it to doubt their candor and credibility. The RTC also concluded that the nature of the weapon used, the location of the wound, and the seriousness of the injury supported the inference that the act satisfied the requisites for Frustrated Homicide.

Finding that petitioner used a short revolver, and that Mario received a gunshot wound at the lower abdomen that was fatal in nature based on Dr. Correa’s testimony, the RTC held that petitioner was guilty beyond reasonable doubt. It also credited the mitigating circumstance of voluntary surrender without any aggravating circumstance. Applying the Indeterminate Sentence Law, it sentenced petitioner to an indeterminate penalty ranging from four (4) years, two (2) months and one (1) day of prision correccional as minimum to eight (8) years of prision mayor as maximum, and ordered petitioner to pay costs. The RTC reserved to Mario the right to institute a separate civil action for recovery of civil liability.

CA Review: Affirmance and Rejection of Self-Defense

Petitioner appealed to the CA, which, in a Decision dated July 31, 2003, affirmed the RTC “in toto.” The CA found credible Mario’s account and that of Demetrio, and it rejected petitioner’s claim that the prosecution evidence was fabricated. The CA emphasized that acquittal or conviction depends on the credibility and sincerity of witnesses rather than the number of witnesses. It also dismissed petitioner’s defense of self-defense, reasoning that Mario did not commit any unlawful aggression since petitioner possessed the gun at the time.

The CA accorded significant weight to the RTC’s factual findings, especially the evaluation of witness testimony.

Petitioner’s motion for reconsideration was denied by the CA in a Resolution dated April 20, 2004. Petitioner then filed the present Rule 45 petition.

Issues Framed by Petitioner

Petitioner assigned two main errors. First, he argued that the lower courts erred in rejecting self-defense. Second, he argued that the courts erred in finding that he acted with intent to kill.

On self-defense, petitioner contended that the testimonies of petitioner and his witnesses showed that he acted defensively. He claimed Mario was the aggressor because Mario drew and aimed the gun at him, and the CA overlooked this fact.

On intent to kill, petitioner argued that Mario sustained only a single gunshot wound requiring a few days of hospitalization, and that Dr. Correa’s testimony gave rise to reasonable doubt because Dr. Correa said the wound was only possibly fatal. Petitioner insisted that medical findings did not justify conviction for frustrated homicide because all acts of execution required for the intended killing were not established. He invoked the principle that intent to kill must be proved beyond reasonable doubt, and if not sufficiently established, conviction must be for a less serious offense. Petitioner also asserted that the gun belonged to Mario or was handed to Demetrio by Mario, supported by other competent witnesses.

Petitioner further stated that a question of law was involved, which, according to him, made Rule 45 review proper.

Respondent’s Position

The People of the Philippines, through the OSG, maintained that petitioner’s guilt was proven beyond reasonable doubt and that petitioner failed to substantiate self-defense. The OSG argued that by invoking self-defense, the burden shifted to petitioner to prove innocence by establishing the elements. It asserted that, absent unlawful aggression, self-defense—complete or incomplete—could not stand. The OSG also attacked petitioner’s theory as unnatural in light of the failure of relatives present at the scene to render aid if petitioner was allegedly assaulted. It also relied on the testimonies presented to refute petitioner’s claims about who owned the gun and what happened after the incident.

On intent to kill, the OSG contended that petitioner’s acts showed such intent, including the use of a lethal weapon and an attempted second shot, as well as the seriousness of the injury. It explained that when Dr. Correa described the wound as possibly fatal, it meant that without proper medical intervention Mario could have died and that this justified transfer to another hospital. Finally, the OSG argued that any challenge to medical seriousness raised factual matters beyond the scope of Rule 45, and that the RTC and CA findings on credibility must be respected.

Legal Framework: Self-Defense and Appellate Deference

On the self-defense issue, the Court reiterated that self-defense requires (1) unlawful aggression, (2) reasonable necessity of the means employed to repel or prevent it, and (3) lack of sufficient provocation on the part of the person defending himself. The Court treated self-defense, whether complete or incomplete, as involving factual determinations and emphasized that the trial court’s assessment of witness testimony, affirmed by the CA, deserved high respect and could only be disturbed if the trial court ignored, overlooked, misconstrued, or misinterpreted cogent facts and circumstances that would change the outcome.

Applying this framework, the Court reviewed the records and found no justification to deviate from the RTC findings and the CA affirmance.

Court’s Assessment of Self-Defense Evidence

The Court held that petitioner did not discharge the burden of proving the elements of self-defense. It agreed with the RTC and the CA that material inconsistencies existed in petitioner’s version and those of his witnesses. Petitioner and his witnesses claimed that after the shooting Mario ran away, carried the gun, and be

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