FE ABELLA y PERPETUA v. PEOPLE OF THE PHILIPPINES G.R. .R. No. 1984 198400 00
Octo ctober 7 !01" 01"
RE#ES
J.:
F$ct%& On October 7, 1998, petitioner-accused Fe Perpetua Abella, a farmer, baker and trisicad driver, was chared with frustrated homicide after he hacked one, !"#$%#O A!"&&A ' P"(P")*A, with the use of a sc'the, hittin the latter+s neck thereb' inflictin the followin inuries .1/ hackin wound left lateral lateral aspect neck0 and ./ incised incised wound left hand dorsal dorsal aspect2 aspect2 After the $nformati $nformation on was filed, the petitioner remained at lare and was onl' arrested b' aents of the #ational !ureau of $nvestiation on October October 7, 332 332 4urin 4urin the arrai arrainme nment, nt, the petiti petitione onerr pleade pleaded d not uilt' uilt'22 Pre-tr Pre-trial ial and trial trial thus thus proceeded2
)he Prosecution evidence established that on 5eptember 6, 1998, at around 1133 p2m2, !enino was watchin television in his house2 A certain (oer &arano arrived and asked !enino to pacif' the petitioner, who was stirrin trouble in a nearb' store2 !enino and Amelita found the petitioner fihtin with Aleandro Aleandro )a'rus )a'rus and a certain certain 4ionisio 4ionisio baes .4ionisi .4ionisio/2 o/2 !enino !enino was able to convince convince the petitioner to o home2 !enino and Amelita followed suit and alon the wa', the' dropped b' the houses of Aleandro Aleandro and 4ionisio to apoloie for the petitioner+s conduct2
!enino and Amelita were in Aleandro+s house when the petitioner arrived brinin with him two sc'thes, one in each of his hands2 !enino instructed Aleandro and 4ionisio to run awa'2 )he petitioner wanted to enter Aleandro+s house, but !enino blocked his wa' and asked him not to proceed2 )he petitioner then pointed the sc'the, which he held in his left hand, in the direction of !enino+s stomach, while the sc'the in the riht hand was used to hack the latter+s neck once2 !enino fell to the round and was immediat immediatel' el' taken to the hospital hospital while while the petitioner petitioner ran to chase Aleandro2 Aleandro2 !enin !enino o incurred incurred an e:pense of more than P13,333233 for hospitaliation, but lost the receipts of his bills2 ;e further claimed that after the hackin incident, he could no loner move his left hand and was thus deprived of his capacit' to earn a livin as a carpenter2
4r2 Ardiente, a sureon from <2(2 !ora =emorial ;ospital, >aa'an de Oro >it', who rendered medical medical assistanc assistance e to !enino !enino after the latter latter was hacked b' the petitioner, petitioner, testified testified that !enino !enino sustained the abovementioned inuries2 !enino was initiall' confined in the hospital on 5eptember 6, 1998 and was dischared on 5eptember ?, 19982 )he defense relied on denial and alibi as defenses2 ;e claimed that from 5eptember , 1998 to October 33, he and his famil' resided in !uenavista, Ausan del #orte2 5itio Puli, >anitoan, >aa'an de Oro >it', where the hackin incident occurred, is about four .@/ hours drive awa'2 Fernando Fernande, a friend of petitioner, testified that on 5eptember 6, 1998, he
saw the petitioner atherin woods to make a hut2 &ater in the evenin, at around 33 p2m2, *rbano >aba spotted the petitioner drinkin tuba in the store of >larita Perpetua2
RT' R()*+,& )he ()> convicted the petitioner of the crime of Frustrated ;omicide2 Petitioner Fe Abella was sentenced to suffer an indeterminate penalt' of 5i: .6/ 'ears and One .1/ da' to "iht .8/ 'ears of prision ma'or as minimum to )en .13/ 'ears and One .1/ da' to )welve .1/ 'ears of prision ma'or as ma:imum2 )he petitioner then filed an appeal before the >A primaril' anchored on the claim that the prosecution failed to prove b' clear and convincin evidence the e:istence of intent to kill which accompanied the sinle hackin blow made on !enino+s neck2
T-e 'A R()*+,& )he >A affirmed petitioner+s conviction for frustrated homicide but modified the sentence to imprisonment of si: .6/ months and one .1/ da' to si: .6/ 'ears of prision correccional as minimum, to eiht .8/ 'ears and one .1/ da' of prision ma'or in its medium period, as ma:imum2
)he >A held that Article @9 of the (evised Penal >ode provides that the penalt' for the crime of consummated homicide is reclusion temporal, or twelve .1/ 'ears and one .1/ da' to twent' .3/ 'ears2 *nder Article 3 of the same >ode, the penalt' for a frustrated crime is one deree lower than that prescribed b' law2 )hus, frustrated homicide is punishable b' prision ma'or, or si: .6/ 'ears and one .1/ da' to twelve .1/ 'ears2 Appl'in the $ndeterminate 5entence &aw, absent an' mitiatin or aravatin circumstances, the ma:imum of the indeterminate penalt' should be taken from the medium period of prision ma'or2 )o determine the minimum of the indeterminate penalt', prision ma'or should be reduced b' one deree, which is prision correccional, with a rane of si: .6/ months and one .1/ da' to si: .6/ 'ears2 )he minimum of the indeterminate penalt' ma' be taken from the full rane of prision correccional2
;ence this Petition for (eview on >ertiorari under (ule @ I%%(e& BO# the ()> and the >A erred in renderin udments which are not in accordance with law and applicable urisprudence and which if not corrected, will cause rave inustice and irreparable damae to the petitioner He)& NO )o successfull' prosecute the crime of homicide, the followin elements must be proved be'ond reasonable doubt .1/ that a person was killed0 ./ that the accused killed that person without an' ustif'in circumstance0 .?/ that the accused had the intention to kill, which is presumed0 and .@/ that the killin was not attended b' an' of the Cualif'in circumstances of murder, or b' that of parricide or infanticide2 =oreover, the offender is said to have performed all the acts of e:ecution if the wound inflicted on the victim is mortal and could cause the death of the victim without medical intervention or attendance2 $n cases of frustrated homicide, the main element is the accused+s intent to take his victim+s life2 )he prosecution has to prove this clearl' and convincinl' to e:clude ever' possible doubt reardin homicidal intent2 And the intent to kill is often inferred from, amon other thins, the means the offender used and the nature, location, and number of wounds he inflicted on his victim2
)he petitioner invokes the doctrine in Pentecostes, ourt concludes and thus arees with the >A that the use of a sc'the aainst !enino+s neck was determinative of the petitioner+s homicidal intent when the hackin blow was delivered2 $t does not reCuire imaination to fiure out that a sinle hackin blow in the neck with the use of a sc'the could be enouh to decapitate a person and leave him dead2 Bhile no complications actuall' developed from the apin wounds in !enino+s neck and left hand, it perple:es loic to conclude that the inuries he sustained were potentiall' not fatal considerin the period of his confinement in the hospital2 A mere rain inur' would have necessitated a lesser deree of medical attention2 )his >ourt likewise finds wantin in merit the petitioner+s claim that an intent to kill is neated b' the fact that he pursued Aleandro instead and refrained from further hackin !enino2 Bhat could have been a fatal blow was alread' delivered and there was no more desistance to speak of2 !enino did not die from the hackin incident b' reason of a timel' medical intervention provided to him, which is a cause independent of the petitioner+s will2 All told, this >ourt finds no reversible error committed b' the >A in affirmin the ()>+s conviction of the petitioner of the crime chared2 /HEREFORE the instant petition is 4"#$"42 )he 4ecision of the >ourt of Appeals in is AFF$(="4 with =O4$F$>A)$O#52 )he petitioner, Fe Abella ' Perpetua is O(4"("4 )O PA the offended part' moral damaes in the amount of P,333233 and temperate damaes in the amount of P,3332332 Further, the monetar' awards for damaes shall be subect to interest at the leal rate of si: percent .6E/ per annum from the date of finalit' of this 4ecision until full' paid2
