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 established that an altercation ensued after the victim’s tribike blocked the road. The three accused, arriving on a tricycle, alighted and collectively assaulted Rommel. Jeffrey punched him, after which Graciano and Pedro joined in, beating the victim until he fell into a canal. Pedro then ordered the others to kill Rommel, prompting Jeffrey to stab the victim multiple times with a knife. Rommel sustained three non-penetrating wounds. The attending physician testified that the injuries, while serious, were not fatal and that Rommel would have survived even without immediate medical intervention.
The accused presented contrasting defenses. Jeffrey claimed self-defense, alleging Rommel attacked him first with a screwdriver. Graciano and Pedro, however, simply denied participation in the crime. The Regional Trial Court convicted all three of Frustrated Murder, a ruling affirmed with modification by the Court of Appeals. Petitioner Olalia elevated the case to the Supreme Court via a Petition for Review.

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 prosecution must prove that the offender performed all acts of execution to bring about death, but the crime was not produced due to a cause independent of the perpetrator’s will. Here, the medical testimony was crucial. The physician categorically stated that the victim’s wounds were non-penetrating and not fatal; survival was probable even without treatment. This means the accused did not perform all acts of execution necessary to kill, as the injuries inflicted were not inherently lethal. The element of a fatal wound required for frustrated felony is absent.
Consequently, the crime committed is only Attempted Murder, where the offender commences the commission of a felony directly by overt acts but does not perform all acts of execution. The stabbing actions, coupled with the intent to kill as shown by the order to kill and the nature of the attack, constitute an attempt. Applying the Indeterminate Sentence Law, the Court imposed a prison term of four years and two months of prision correccional, as minimum, to eight years and twenty days of prision mayor, as maximum. Pursuant to Rule 122, Section 11(a) of the Rules of Court, this favorable modification was extended to the non-appealing co-accused, Pedro and Jeffrey Poquiz. They were held jointly and severally liable for actual damages.