Case Summary (G.R. No. 158064)
Factual Background
On May 2, 1998, a verbal altercation arose between Rodil and Edgardo Rivera at a neighborhood store. The next evening, as Rodil returned with his child, Esmeraldo and Ismael pummeled him to the ground while Edgardo retrieved a hollow block and struck Rodil’s head thrice. Bystanders intervened only upon the arrival of police officers. Medical evidence established superficial lacerations and cerebral contusion unlikely to cause death but sufficient to demonstrate sustained violence.
Procedural History
An Information for attempted murder was filed on April 12, 1999, in the RTC of Imus, Cavite (Branch 90). On August 30, 2002, the RTC convicted the brothers of frustrated murder and imposed six years and one day to eight years of prision mayor. The Court of Appeals, on June 8, 2004, modified the conviction to attempted murder, sentencing them to two years of prision correccional as minimum and six years and one day of prision mayor as maximum. Petitioners sought certiorari relief before the Supreme Court.
Applicable Law
Under the 1987 Constitution (Article VIII, Section 5[1]), the Supreme Court exercises appellate jurisdiction over CA decisions. The Revised Penal Code defines attempt (Art. 6), specific intent to kill as an element of murder (Art. 248, as amended by R.A. 7659), and penalty adjustments for attempt (Arts. 51, 61, 71).
Issues Presented
- Whether the prosecution proved specific intent to kill beyond reasonable doubt.
- Whether treachery attended the assault.
- The appropriate penalty range for attempted murder.
Supreme Court Ruling
The petition was denied. The Court affirmed the CA’s finding of attempted murder but adjusted the penalty range. The indeterminate sentence was set at two years of prision correccional minimum to nine years and four months of prision mayor medium period maximum.
Legal Analysis
Specific intent to kill may be inferred from the weapon used, the nature and number of blows, and the concerted assault on a defenseless victim. Here, the brothers jointly mauled Rodil and Edgardo struck his head thrice with a hollow block after Rodil had fallen. The sudden, unprovoked attack against a helpless target also satisfies the element of treachery. Under Article 6, attempt requires overt acts directly connected to the intended felony
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Facts of the Case
- On May 3, 1998, in Barangay San Isidro Labrador II, Dasmariñas, Cavite, Ruben Rodil was accosted by petitioners—three brothers surnamed Rivera—while walking with his three-year-old daughter.
- The confrontation stemmed from a prior verbal altercation on May 2, when Edgardo Rivera mocked Ruben for being jobless, provoking an exchange of insults.
- Around 7:30 p.m. the following day, the Riveras emerged from their house and, with premeditation and treachery, jointly mauled Ruben:
- Esmeraldo and Ismael Rivera struck him with fists until he fell.
- Edgardo Rivera picked up a hollow block and delivered three blows to Ruben’s parietal area.
- Esmeraldo and Ismael continued to box him while he lay defenseless on the ground.
- A bystander shouted for them to stop; police arrived in time to interrupt the assault.
- Ruben sustained a lacerated wound on the parietal area, cerebral contusion, hematoma, and multiple abrasions, all of which were slight and superficial and would heal within days to a month under medical care.
Procedural History
- April 12, 1999: An Information for attempted murder was filed in RTC Imus, Cavite (Criminal Case No. 6962-99).
- August 30, 2002: The RTC convicted all three respondents of frustrated murder and sentenced them to six years and one day to eight years of prision mayor, plus civil indemnity of ₱30,000.
- Appeal to the Court of Appeals (CA-G.R. CR No. 27215): On June 8, 2004, the CA modified the conviction to attempted murder with an indeterminate penalty of two years prision correccional to six years and one day prision mayor, affirming other aspects.
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