CONSTITUTIONAL LAW REVIEW

G.R. N 149988 (596 SCRA 1)

Date: 14.8.2009

(8) VALENZUELA vs. PEOPLE

Petitioner: RAMIE VALENZUELA
Respondent: PEOPLE OF THE PHILIPPINES
Facts:
Petitioner and his brother, Hermie Valenzuela, were charged with the frustrated murder of Gregorio P. Cruz. According to the
prosecution, the Valenzuela brothers and Cruz had a drinking spree, after which the latter was held by Ramie on his shoulders while
Hermie stabbed Cruz twice on his back while the brothers were near their home. Cruz was rushed to a clinic, where his wounds
were found to be shallow and non-fatal because no vital organ was affected.
The RTC found the brothers guilty of frustrated murder with the qualifying circumstance of abuse of superior strength. The CA
modified the decision, convicting them of attempted murder, since the wounds were not fatal.
Issue:

Was the appreciation of superior strength erroneous due to the fact that it was not alleged with particularity as a qualifying
circumstance in the information, and therefore, should be considered merely as a generic aggravating circumstance? NO,
but the appreciation of the same by the RTC and the CA was flawed in substance.

Held:
The SCs ruling in People v. Aquino serves as the best guide in alleging or specifying aggravating or qualifying circumstances in the
Information. It held that the words aggravating/qualifying, qualifying, qualified by, aggravating, or aggravated by
need not be expressly stated, so long as the particular attendant circumstances are specified in the Information , which was
exactly what happened in the case at bar.
ON APPRECIATING THE QUALIFYING CIRCUMSTANCE IN SUBSTANCE: Although there was intent to kill, the prosecution
failed to show evidence that there was abuse of superior strength, due to the fact that although the victim was attacked by two
assailants, with one of the latter armed with a knife, the victim was taller, and there was no indication of weakness on his
part. Moreover, the testimonies of the witnesses indicated that the encounter was unplanned, without any indication that the
victim was held by the shoulders on purpose.

Petition granted; CA Decision modified; petitioner convicted of attempted homicide.

NB: THE INFORMATION
That on or about the 20th day of February 1996, in the evening, in Barangay Maniboc, municipality of Lingayen, province of
Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a sharp pointed,
bladed instrument, with intent to kill, taking advantage of their superior strength, conspiring, confederating and mutually helping one
another, did then and there willfully, unlawfully and feloniously attack, assault and stab Gregorio P. Cruz, inflicting upon him the
following:
-

Stab wound 1 cm flank area left, 3 cm. depth

Stab wound 1 cm flank area left, 3 cm. depth

the accused having thus performed all the acts of execution which would have produced the crime of murder as a consequence but
nevertheless did not produce it by reason of causes independent of the will of the accused, that is, the timely medical assistance
afforded to Gregorio P. Cruz which prevented his death, to his damage and prejudice.

JULIAN S. MONTANO IV (4-A)

ARTICLE III, SECTION 14
2.10.2011
ATTY. SEDFREY M. CANDELARIA