040. People v. Trinidad GR No. 79123-25/ 9 January 1989/ Second Division/ Appea !eope o" #$e !$iippines - pain#i""-appeee %&eiano 'rinidad - accused-appean# Decision (y J. )eencio-*errera+ Di,es# (y Joey(oy acas Short Version: Lolito Soriano is a fish dealer. His helpers were Ricardo Tan and Marcial Laroa. While the three were driving on their way to Davao City to sell fish, accused !eliano Trinidad as"ed for a ride to #gusan del $orte. Tan, the driver at that ti!e, suddenly heard two gunshots %% Soriano and Laroa slu!ped dead for &oth were hit on the head. Trinidad had used his car&ine in "illing the two victi!s. Tan was a&le to get off the car and hail a 'eepney passing &y. However, he noticed that Trinidad was also seated at the &ac" of the said 'eepney. Tan i!!ediately got off the 'eepney, followed &y Trinidad. When the 'eepney started to drive away, Tan suddenly clung to its side, &ut Trinidad fired two shots, one of which hit Tan on his right thigh. Tan 'u!ped fro! the 'eep and fortunately a (hilippine Consta&ulary !e!&er chanced upon hi! and helped hi! &oard a &us for )utuan. Trinidad was charged with *R+STR#TD !urder in relation to the shooting of Tan. Facts: Lolito Soriano is a fish dealer. His helpers were Ricardo Tan and Marcial Laroa. While the three were driving on their way to Davao City to sell fish, accused !eliano Trinidad Trinidad as"ed for a ride to #gusan del $orte. Trinidad, a !e!&er of the ntegrated $ational (olice, was in unifor! and had two firear!s, a car&ine and a .- cali&er revolver. Tan was driving the car at that ti!e, and he was instructed &y Trinidad to slow down &ecause they were treading dangerous territory. Tan suddenly heard two gunshots %% Soriano and Laroa slu!ped dead for &oth were hit on the head. Trinidad had used his car&ine in "illing the two victi!s. Tan was a&le to get off the car and hail a 'eepney passing &y. However, he noticed that Trinidad was also seated at the &ac" of the said 'eepney. Tan i!!ediately got off the 'eepney, followed &y Trinidad. When the 'eepney started to drive away, Tan suddenly clung to its side, &ut Trinidad fired two shots, one of which hit Tan on his right thigh. Tan 'u!ped fro! the 'eep and fortunately a (hilippine Consta&ulary !e!&er chanced upon hi! and helped hi! &oard a &us for )utuan. Trinidad was charged with *R+STR#TD !urder in relation to the shooting of Tan, and he was found guilty &y the RTC. /n appeal, Trinidad clai!s that the RTC erred in convicting hi! of the cri!e of frustrated !urder. Issues: W0$ Trinidad is correct in contending that he can only &e convicted of atte!pted !urder1 2S Ruling: Trinidad should only &e held cri!inally lia&le for atte!pted !urder. Ratio Ratio:: Trinidad had co!!enced the co!!ission of the felony directly &y overt acts &ut was una&le to perfor! all the acts of e3ecution which would have produced it &y reason of causes
other than his spontaneous desistance, such as, that the 'eep to which T#$ was clinging was in !otion, and there was a spare tire which shielded the other parts of his &ody. Moreover, the wound on his thigh was not fatal and the doctrinal rule is that where the wound inflicted on the victi! is not sufficient to cause his death, the cri!e is only #TTM(TD !urder, the accused not having perfor!ed all the acts of e3ecution that would have &rought a&out the death ci#in,+ !eope v. !iones Voting: !aras+ !adia+ Sar&ien#o and Re,aado+ concur.
