G.R. No. 212848 , August 17, 2016
ISIDRO COSME and FERNAN COSME, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioners Isidro Cosme and Fernan Cosme, along with Fred Cosme, were charged with Homicide (Criminal Case No. 02-10-493) for the death of Florentino “Antonio” Balinado and with Frustrated Homicide (Criminal Case No. 02-10-494) against Pablito Punzalan. The prosecution’s evidence established that on June 17, 2002, at a birthday party, Fernan Cosme and Antonio Balinado had a heated argument about politics, during which Fernan warned Antonio, “Tinoy, hindi ka na uumagahin.” Later that evening, while Antonio and Pablito were walking home, Antonio was attacked by Isidro, Fernan, Fred, and Pantaleon Cosme, who boxed, kicked, and beat him with guns. When Pablito intervened, Fernan shot him, causing a lacerated wound. Antonio was shot and later died from his wounds. The dying declarations of Antonio to several witnesses (SPO2 Manimtim, Pantaleon Balinado, and Anastacia Balinado) identified the Cosmes as his assailants. The defense claimed that Antonio was the initial aggressor, shooting Pantaleon Cosme and Sonora Cosme first, and that Isidro was inside the house during the incident. The Regional Trial Court found all accused guilty of Homicide and Fernan guilty of Frustrated Homicide. The Court of Appeals affirmed the convictions but modified the Frustrated Homicide conviction to Attempted Homicide for Fernan. Fred Cosme and Isidro Cosme died during the pendency of the appeal.

ISSUE

Whether the Court of Appeals erred in affirming the convictions of the petitioners for the crimes charged.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision with modification. The Court held that the prosecution proved the guilt of the accused beyond reasonable doubt. The positive identification by eyewitness Pablito Punzalan and the consistent dying declarations of the victim Antonio Balinado, corroborated by other witnesses, established that the petitioners, together with their relatives, conspired to attack and kill Antonio. The defense of denial and alibi could not prevail over this positive evidence. The Court also upheld the downgrading of the crime against Pablito Punzalan from Frustrated to Attempted Homicide, as the prosecution failed to prove that the injury inflicted would have been fatal without medical intervention. The awards for damages were affirmed with the imposition of legal interest. However, due to the death of accused Fred Cosme and Isidro Cosme prior to the promulgation of the Resolution, the criminal liability against them was extinguished, and the case was considered closed and terminated insofar as they were concerned.