GR 149988; (August, 2009) (Digest)
G.R. No. 149988; August 14, 2009
RAMIE VALENZUELA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner Ramie Valenzuela and his brother, Hermie, were charged with Frustrated Murder for the stabbing of Gregorio Cruz on February 20, 1996. The prosecution alleged that while Gregorio and his companion, Rogelio Bernal, were walking home, the petitioner held Gregorio from behind, enabling Hermie to stab him twice in the back. The victim was treated for two non-fatal stab wounds, each one centimeter long and three centimeters deep, and was discharged after a week. The trial proceeded only against Ramie, as his co-accused remained at large. The prosecution presented eyewitnesses who positively identified the petitioner under a well-lighted area, while the petitioner interposed the defenses of denial and alibi, claiming he was at home and was being implicated due to a prior altercation with the victim.
ISSUE
Whether the petitioner is guilty of the crime charged, and if not, what is the proper crime and penalty.
RULING
The Supreme Court affirmed the conviction but modified the crime from Frustrated Murder to Attempted Homicide. The Court found the prosecution evidence, particularly the positive identification by eyewitnesses, to be credible and sufficient to establish the petitioner’s participation in holding the victim during the attack. However, the Information alleged Frustrated Murder, which requires proof of an intent to kill and the performance of all acts of execution that would have resulted in death but for a timely medical intervention. The medical evidence established that the wounds inflicted were not fatal, as no vital organ was hit. Consequently, the crime committed was not Frustrated Murder, as the injuries themselves were not inherently lethal; the accused did not perform all acts of execution that would have led to death. The Court held the crime was properly Attempted Homicide, as the overt acts (the holding and stabbing) constituted a direct but futile attempt to kill, which was not consummated due to the lack of a fatal wound. The qualifying circumstance of abuse of superior strength was not proven, as the act of holding the victim was merely to facilitate the stabbing and did not constitute a deliberate augmentation of force. The penalty was set at an indeterminate sentence of four months of arresto mayor, as minimum, to three years of prision correccional, as maximum.