Case Summary (G.R. No. 222523)
Petitioner and Respondent
Petitioner: Giovani Serrano y Cervantes
Respondent: People of the Philippines
Key Dates
• March 8, 1999 – Incident and stabbing of Anthony Galang
• March 11, 1999 – Information for frustrated homicide filed
• March 20, 2000 – Petitioner’s not-guilty plea
• October 25, 2004 – RTC (Quezon City, Branch 83) convicts of frustrated homicide
• July 20, 2006 – Court of Appeals modifies conviction to attempted homicide
• July 5, 2010 – Supreme Court decision under Rule 45
Applicable Law (1987 Constitution; Revised Penal Code)
• Article 6 RPC – stages of execution (consummated, frustrated, attempted)
• Article 248 RPC – murder qualifiers
• Article 249 RPC – penalty for homicide (reclusion temporal)
• Article 51 RPC – penalty for attempted crimes (reduced by two degrees)
• Articles 61 & 71 RPC – rules for graduation and determination of penalties
• Indeterminate Sentence Law – framing of minimum and maximum terms
• New Civil Code (Art. 2224) – temperate damages; moral damages under Art. 2219
RTC Findings on Facts and Liability
The trial court found beyond reasonable doubt that:
• The stabbing was frontal, at close range, under adequate lighting (Meralco posts and nearby shop).
• The victim positively identified Serrano, his neighbor, as the assailant.
• Serrano used a knife, then joined in beating and stoning the victim until he fell into a creek.
• The stabbing and subsequent violence displayed clear intent to kill.
Concluding that medical intervention alone prevented death, the RTC convicted Serrano of frustrated homicide and sentenced him to 4 years, 2 months, 1 day to 10 years of imprisonment, ordering reimbursement of medical and income-loss expenses amounting to ₱19,000.
Court of Appeals’ Modification
The CA upheld the positive identification and intent but ruled that the evidence did not establish the wound as sufficient to cause death absent medical aid. Citing jurisprudence, it held that without proof of fatality, the crime must be classified as attempted homicide. It therefore:
- Convicted Serrano of attempted homicide, sentencing him to six months of arresto mayor to four years, two months of prision correccional.
- Reduced actual damages to ₱3,858.50 and deleted loss-of-earnings award.
Supreme Court’s Analysis and Ruling
- Factfinding Deference: The SC declined to re-evaluate positive identification absent exceptional reason, affirming that victim’s frontal encounter, familiarity with Serrano, and consistent in-court identification were sufficient.
- Intent to Kill: Under Rivera and Epifanio factors (means used, nature of wounds, conduct, motive), Serrano’s use of a knife, followed by beating and stoning, evinced intent to kill.
- Stage of Execution: Per Article 6 RPC and Matyaong criteria, no medical or testimonial evidence proved the wound’s fatal nature without intervention. The paucity of proof favore
Case Syllabus (G.R. No. 222523)
Facts of the Case
- On the evening of March 8, 1999 at the University of the Philippines Diliman campus, rival groups totaling 15–18 members engaged in a street brawl.
- Anthony Galang (victim) and his friends, Arlo Angelo Arceo and Richard Tan, confronted Gener Serrano over a prior quarrel with Roberto Comia.
- A one-on-one fistfight between Gener and Comia drew in other group members, including petitioner Giovani Serrano y Cervantes.
- Petitioner, armed with a knife, separated the fight parties, then joined Gener and Obet Orieta in attacking the victim.
- The victim was stabbed on the left side of his stomach at close range, held by Gener and Orieta, then beaten and pelted with stones until he collapsed into a nearby creek.
- The victim saw a portion of his intestines protruding, crawled to assistance, was first treated at the UP Infirmary, then referred to East Avenue Medical Center for surgery. He remained hospitalized for one week and recuperated at home for one month.
- In the ensuing investigation, the victim positively identified petitioner as the stabber; he repeated this identification in open court.
Procedural History
- March 11, 1999: Information for frustrated homicide filed in RTC, Branch 83, Quezon City.
- March 20, 2000: Petitioner pleaded not guilty.
- Pre-trial stipulations dispensed with testimony of SPO2 Dela Paz and East Avenue Medical Center records custodian, establishing chain of custody and background facts on the victim’s statement and confinement.
- Trial on the merits ensued with prosecution and defense witnesses.
Trial Court Ruling (RTC, October 25, 2004)
- RTC found petitioner guilty beyond reasonable doubt of frustrated homicide.
- It weighed the victim’s positive frontal identification and supporting circumstantial evidence over petitioner’s denial.
- Sentence imposed: minimum of 4 years, 2 months, 1 day prision correccional to maximum of 10 years prision mayor.
- Ordered reimbursement of P15,000 medical expenses and P4,000 loss of earnings (total P19,000). Costs against the accused.
- Petitioner appealed to the Court of Appeals.
Court of Appeals Ruling (July 20, 2006)
- Agreed with RTC on positive identification but downgraded the offense from frustrated to attempted homicide.
- Held insufficient proof that the victim’s single stab wound was fatal absent medical intervention.
- Sentence modified to an indeterminate term of 6 months arresto mayor (minimum) to 4 years, 2 months prision correccio