GR 177276; (August, 2008) (Digest)
G.R. No. 177276 ; August 20, 2008
Graciano Santos Olalia, Jr., petitioner, vs. People of the Philippines, respondent.
FACTS
Petitioner Graciano Santos Olalia, Jr., along with Jeffrey Poquiz and Pedro Poquiz, was charged with Frustrated Murder for the stabbing of Rommel Camacho on February 21, 1998. The prosecution evidence established that after a verbal altercation over a blocked road, the three accused alighted from a tricycle, mauled Rommel, and stabbed him multiple times with a knife. Rommel sustained three non-penetrating wounds. The attending physician testified that the wounds were non-fatal and that Rommel could have survived even without immediate medical intervention. The Regional Trial Court convicted all three accused of Frustrated Murder, a ruling affirmed with modification by the Court of Appeals.
ISSUE
Whether the crime committed was Frustrated Murder or a lesser offense.
RULING
The Supreme Court modified the conviction from Frustrated Murder to Attempted Murder. The legal logic hinges on the distinction between the stages of a felony. For Frustrated Murder, the offender must have performed all acts of execution to produce death, but death did not occur due to a cause independent of the offender’s will. Here, the medical evidence was crucial; the physician categorically stated the victim’s wounds were non-penetrating and non-fatal. This means the accused did not perform all acts of execution necessary to kill, as the injuries inflicted were not inherently lethal. The accused were thus stopped prior to the completion of all acts of execution, placing the crime in the attempted stage. The qualifying circumstance of treachery was correctly appreciated, as the attack was sudden and unexpected, denying the victim any chance to defend himself. Consequently, the penalty was reduced. Applying Section 11(a), Rule 122 of the Rules of Court, this favorable modification was extended to the non-appealing co-accused, Pedro and Jeffrey Poquiz. They were all sentenced to an indeterminate penalty and ordered to pay actual damages jointly.