GR 140393; (February, 2002) (Digest)
G.R. Nos. 140393-94; February 4, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. MARCOS ASUELA, JUANITO ASUELA, ALBERTO ASUELA, ROGER ASUELA, TEOFILO “BOYET” CAPACILLO, JUN-JUN ASUELA (at large) and MIGUEL ASUELA (at large), accused. MARCOS ASUELA, JUANITO ASUELA, ALBERTO ASUELA, ROGER ASUELA and TEOFILO “BOYET” CAPACILLO, appellants.
FACTS
The appellants were charged with Murder for the killing of Wilfredo Villanueva and with Frustrated Murder for the attack on his son, Anthony Villanueva, on September 7, 1997. The prosecution’s eyewitness, Anthony, testified that during a family celebration, the appellants and two others at large, armed with knives, a lead pipe, and tear gas, conspired to attack his father, Wilfredo, resulting in his death. Anthony himself was also assaulted by some of the appellants, sustaining injuries. The Regional Trial Court convicted the appellants of both Murder and Frustrated Murder.
The appellants raised the defenses of denial and alibi. For the charge of Frustrated Murder concerning Anthony, they specifically contended that the prosecution failed to prove that the injuries inflicted were fatal, which is a requisite for the crime. The medical certificate for Anthony indicated he sustained “incised wounds” and was treated as an outpatient, with medical attendance required for less than nine days.
ISSUE
Whether the appellants are guilty of Frustrated Murder for the injuries inflicted upon Anthony Villanueva.
RULING
No. The Supreme Court modified the judgment, convicting the appellants of Slight Physical Injuries instead of Frustrated Murder for the attack on Anthony. The legal logic hinges on the nature of the crime of Frustrated Murder. For this felony to exist, the offender must have performed all acts of execution which would produce the felony of murder as a consequence, but the death does not occur due to a cause independent of the offender’s will. A critical element is that the victim’s injuries must be fatal, meaning they would ordinarily cause death without timely medical intervention.
The Court meticulously examined the evidence, particularly the medical findings for Anthony Villanueva. The certificate showed his wounds were “incised wounds” and the required medical attendance lasted less than nine days. The Court found that the prosecution evidence failed to conclusively establish that these wounds were fatal or serious. The medical treatment rendered was characterized as merely first aid in nature. Since the evidence did not prove that the injuries were sufficient to cause death in the ordinary course of nature, all the acts of execution for murder were not accomplished. Consequently, the crime committed against Anthony did not rise to the level of Frustrated Murder. Applying Article 266(1) of the Revised Penal Code, the appellants’ liability is properly for Slight Physical Injuries, which is incurred when the inflicted injuries incapacitate the victim for labor or require medical attendance for one to nine days. The conviction for Murder for the death of Wilfredo Villanueva was affirmed.