G.R. No. 242552 , March 3, 2021
BENJAMIN M. OLIVEROS, JR., OLIVER M. OLIVEROS AND MAXIMO Z. SOTTO, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

An Information for Frustrated Murder was filed against petitioners Benjamin M. Oliveros, Jr., Oliver M. Oliveros, and Maximo Z. Sotto. The prosecution alleged that on October 30, 2013, inside the Binmaley public market, petitioners, conspiring and taking advantage of superior strength, assaulted Glenn F. Apostol. Oliver held Glenn from behind, Benjamin hacked Glenn’s face with a bolo, and then they, together with Maximo, mauled and kicked him. As Glenn moved away, Oliver, handed a bolo by a John Doe, chased and hacked Glenn on the right shoulder. Glenn suffered hacking and lacerated wounds. The prosecution presented Glenn, his father Virgilio, eyewitness Irma delos Santos, and attending physician Dr. Melquiades Manaois. The defense, presenting the petitioners and Benjamin’s sister Mimielyn, claimed the incident began when Glenn blocked Benjamin’s motorcycle, badmouthed Mimielyn, and later kicked her. Benjamin testified he hacked Glenn only after Glenn assaulted his sister and punched Oliver. Oliver claimed he lost consciousness after being punched by Glenn. Mimielyn denied Oliver and Maximo hacked Glenn. The Regional Trial Court found all petitioners guilty of Frustrated Murder, which the Court of Appeals affirmed.

ISSUE

Whether the Court of Appeals erred in affirming the petitioners’ conviction for Frustrated Murder.

RULING

The Supreme Court GRANTED the petition. The Court ACQUITTED petitioners Benjamin M. Oliveros, Jr. and Oliver M. Oliveros of the crime of Frustrated Murder but found them GUILTY of the lesser crime of Attempted Homicide. The Court ACQUITTED petitioner Maximo Z. Sotto for failure of the prosecution to prove his guilt beyond reasonable doubt.
The Court held that the prosecution failed to prove the qualifying circumstance of evident premeditation and the element of conspiracy beyond reasonable doubt. The origin of the quarrel was a trivial altercation, and the attack was not planned but arose from a sudden heated argument. The petitioners’ individual actions did not demonstrate a concerted design to commit murder. The Court also ruled that the crime committed was not Frustrated Murder but Attempted Homicide. The prosecution failed to prove that the petitioners had the specific intent to kill Glenn. The nature and number of wounds (hacking wounds on the cheek and shoulder, and a lacerated wound on the forehead) were not sufficient to prove intent to kill, as they were not fatal and located on non-vital parts of the body. The physician’s testimony that the wounds could have caused death due to blood loss and infection was speculative and did not establish that the acts performed by the petitioners would have caused death as a logical and natural consequence without timely medical intervention. Regarding Maximo Z. Sotto, the Court found the evidence against him insufficient. The testimony identifying him as a participant was inconsistent and unreliable, and no evidence linked him to the hacking incidents. The constitutional presumption of innocence prevailed in his favor. The Court modified the penalty for Benjamin and Oliver to an indeterminate penalty of 2 months and 1 day of arresto mayor, as minimum, to 2 years and 4 months of prision correccional, as maximum, and ordered them to pay Glenn Apostol P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as temperate damages, with legal interest.