G.R. No. 214426 , December 02, 2021
Rolen Peñaranda, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner Rolen Peñaranda and four others were charged with Frustrated Murder for the attack on Reynaldo Gutierrez on June 5, 2005, in Meycauayan, Bulacan. The Information alleged they conspired, armed with a samurai and lead pipe, and with intent to kill, attacked Gutierrez, inflicting injuries which would have caused death were it not for timely medical assistance. Petitioner pleaded not guilty. The prosecution presented Gutierrez as its lone witness. He testified that prior to the incident, he had filed a barangay complaint against petitioner for overcharging fare. On the evening of June 5, 2005, while at a tricycle terminal, he was summoned by Ivan Villaranda. As petitioner and others approached, petitioner threw a stone hitting his arm. Although Gutierrez held a steel pipe, he lowered it when Raul Cecilia intervened. Immediately, Edwin Celedonia alighted from a tricycle and hacked Gutierrez with a samurai on his upper right biceps. Subsequently, Ivan, Rannie, and Raul hit him with steel pipes while petitioner hit him with a stone. The RTC found petitioner guilty of Attempted Murder, sentencing him to an indeterminate penalty and awarding damages. The CA affirmed the conviction but modified the penalty and increased moral damages. The CA found conspiracy and abuse of superior strength but ruled treachery was not present.

ISSUE

Whether petitioner is guilty of the crime of attempted murder.

RULING

No. The Supreme Court ruled that the crime committed was Serious Physical Injuries under Article 263(3) of the Revised Penal Code, not Attempted Murder. The Court found that the prosecution failed to prove the specific intent to kill Gutierrez. While the use of a samurai and the number of attackers indicated a determined assault, the totality of circumstances did not conclusively establish an intent to kill. The attack was sudden and ceased after Gutierrez was wounded, and the nature and location of the single hack wound (on the biceps, not a vital part of the body) did not manifest a deliberate aim to kill. Furthermore, the medical certificate did not describe the wound as fatal or life-threatening. Since intent to kill was not proven, the crime could not be murder or attempted murder. However, the attack, involving a bladed weapon and resulting in a wound that incapacitated the victim for ten days or more, constituted the felony of Serious Physical Injuries. Conspiracy was established by the coordinated actions of petitioner and his companions in carrying out the assault. The penalty imposed was an indeterminate sentence of four months of arresto mayor, as minimum, to two years and four months of prision correccional, as maximum. Petitioner was also ordered to pay P20,000.00 as civil indemnity, P20,000.00 as moral damages, and P10,000.00 as temperate damages, with interest at 6% per annum until fully paid.