GR 241518; (March, 2020) (Digest)
G.R. No. 241518 , March 04, 2020
ROLANDO GEMENEZ Y PARAME, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
An Information was filed against petitioner Rolando Gemenez y Parame for the attack on Jerry Bechachino. The prosecution established that at around 1:30 AM on December 29, 2011, in Southville 3A Subdivision, San Pedro, Laguna, Jerry Bechachino was walking home with a friend when Gemenez, a barangay tanod, and his companion blocked their path. Gemenez, from a distance of two meters, pointed a shotgun at Bechachino and fired twice, hitting him on the left chest, left arm, and right thumb. Bechachino was hospitalized, in a comatose condition for a week, and incurred significant medical expenses. He identified Gemenez, whom he knew as a former neighbor and barangay tanod. The defense presented alibi and denial, with Gemenez claiming he was asleep at home at the time and a defense witness testifying that a different, masked armed man was seen fleeing the scene. The Regional Trial Court convicted Gemenez of Frustrated Homicide, which the Court of Appeals affirmed.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of petitioner Rolando Gemenez for Frustrated Homicide.
RULING
The Supreme Court modified the ruling. It held that the crime committed was Attempted Homicide, not Frustrated Homicide. For Frustrated Homicide, the victim must sustain a fatal or mortal wound. The Court found that the prosecution failed to prove that the gunshot wounds sustained by Jerry Bechachino were fatal or mortal. The medical testimony presented only pertained to the treatment of the thumb injury and did not establish that the chest wound was fatal. Without such proof, all the acts of execution for homicide were not accomplished, and the crime is only attempted. The Court affirmed Gemenez’s guilt but for Attempted Homicide, sentencing him to an indeterminate penalty of four months of arresto mayor as minimum, to four years and two months of prision correccional as maximum. He was ordered to pay the victim P20,000.00 as civil indemnity and P20,000.00 as moral damages, with legal interest.