G.R. No. 228638 . July 13, 2020
DOMINGO NAAG, JR., MARLON U. RIVERA AND BENJAMIN N. RIVERA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioners Domingo Naag, Jr., Marlon U. Rivera, and Benjamin N. Rivera were charged with Frustrated Homicide for attacking Joseph Cea with iron pipes on November 21, 2008, in Magarao, Camarines Sur, inflicting fatal injuries that would have caused death without timely medical treatment. Upon arraignment, they pleaded not guilty and invoked self-defense, leading to a reverse trial.
The defense version, supported by co-employees, stated that while petitioners were conducting water flushing operations, they were suddenly attacked by six men, including Joseph Cea. Marlon was hit with a rock and rendered unconscious. Benjamin dodged a baseball bat swing from Joseph, which hit Domingo’s ear instead. Benjamin then disarmed Joseph. Police arrived and brought the injured petitioners for medical treatment.
The prosecution version, presented through Joseph Cea and corroborating witnesses, stated that Joseph and his friends passed by petitioners’ group. Joseph asked, “Boss, mga taga saen kamo?” which provoked an angry response. Marlon then punched Joseph, causing him to fall. Seeing Domingo and Benjamin arm themselves with a pipe wrench, Joseph fled to a nipa hut. Petitioners pursued him; Domingo caught up and struck Joseph on the forehead with the wrench, rendering him unconscious. Joseph was hospitalized for 15 days with serious injuries, including diffuse axonal injury and subarachnoid hemorrhage.
The Regional Trial Court found petitioners guilty, rejecting their claim of self-defense due to lack of evidence of unlawful aggression and material inconsistencies in their testimonies. The Court of Appeals affirmed the conviction.

ISSUE

Whether the Court of Appeals correctly upheld petitioners’ conviction for Frustrated Homicide.

RULING

The Supreme Court denied the petition and affirmed the conviction with modification on damages. The errors raised were factual in nature, involving the appreciation of evidence, which are not reviewable in a petition for review on certiorari under Rule 45, as it is limited to questions of law. The Court found no reason to disturb the concurrent factual findings of the lower courts.
The elements of Frustrated Homicide were established: (1) petitioners intended to kill Joseph, as manifested by the use of a deadly weapon (pipe wrench) causing a fatal head injury; (2) the victim sustained mortal wounds but survived due to timely medical assistance; and (3) no qualifying circumstances for murder were present.
The claim of self-defense failed because unlawful aggression on the part of the victim was not proven. Joseph’s initial query did not constitute unlawful aggression. The prosecution’s version was deemed more credible.
The award of damages was modified in line with People v. Jugueta. In addition to the actual damages of P58,922.10, Joseph is entitled to civil indemnity of P30,000.00 and moral damages of P30,000.00. All monetary awards shall earn interest at 6% per annum from the finality of the decision until fully paid.