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Wrongful act different from intended PEOPLE v CABARENO GR 138645, 1/16/2001 SUMMARY: Accused is convicted of murder through treachery

but SC found that there is no sufficient proof to establish beyond reasonable doubt treachery. Still liable criminally even if desired criminal result not achieved FACTS: PROSECUTION VERSION: a commotion happened in store near venue of town fiesta disco Barangay Captain Aurelio Catedrilla went to the commotion intending to pacify followed by victim Upon arrival, the accused shot Caterdrilla at the back with a ten inch long firearm. It, however, hit Casaquite instead who thereupon fell to the ground and eventually died in the hospital. Accused fled the seen immediately

DEFENSE VERSION: Accused join Pablo Sanchez and Tayok Estiva in drinking on the store near disco. They fought the night before. Sanchez and Estiva got drunk and fought again. Catedrilla then arrived with tanods and a military man Military man hit Estiva first. Catedrilla intervened stating Estiva is his nephew. Military man hit Sanchez. Victim intervened, ushering Sanchez out of the store. Estiva was still angry and grappled for possession and control of a gun with Catedrilla. While grappling, gun fired and hit victim. Catedrilla then told nephew to flee the scene. Accused then also went home. Catedrilla was initially arrested as primary suspect. However, after three days, accused was arrested. Accused claims frameup.

RTC convicted accused of murder through treachery ISSUE: Whether or not the accused comitted murder through treachery HELD: NO, however, accused still has criminal liability as he had criminal intent although resulted into a different consequence.

Witness testimony was upheld by RTC and accused has failed to raise any concrete arguments to dismiss it. In a review of the testimony, however, it has never been established that the accused committed "treachery" when the ff facts were present 1. Accused shot victim at the back in the middle of a commotion, not in a premidetated place 2. The attack had risk to himself as it was in public and victim had three persons in company, all in full alert, and even one armed

Thus, treachery is not proven beyond reasonable doubt. However, even if it is NOT treacherous, accused is still liable for the death of the victim. ALTHOUGH NOT DIRECTLY STATED IN THE CASE, I believe accused was targeting someone else (the barangay Captain) as well. RULING: MODIFIED to HOMICIDE. Sentence to 8yrs - 14yrs & 8 months.