Criminal Law 1

Case Digests Part 2 , Article 6 People vs Trinidad up to Article 8- Fernan vs People

People vs Trinidad G.R. No. 79123-25 January 9, 1989

FACTS :

While at Buenavista, accused Emeliano TRINIDAD, a member of the Integrated National Police, assigned
at Nasipit Police Station, and residing at Baan, Butuan City, asked for a ride to Bayugan, Agusan del Sur,
which is on the way to Davao City. TRINIDAD was in uniform and had two firearms, a carbine, and the
other, a side-arm .38 caliber revolver. SORIANO, LAROA, TAN, and TRINIDAD then left Butuan on 20
January 1983 at about 5:20 P.M. bound for Davao City. TAN was driving the Fiera. Seated to his right was
SORIANO, LAROA and the accused TRINIDAD, in that order. When they reached the stretch between El
Rio and Afga, TRINIDAD advised them to drive slowly because, according to him, the place was
dangerous. All of a sudden, TAN heard two gunshots. SORIANO and LAROA slumped dead. TAN did not
actually see the shooting of LAROA but he witnessed the shooting of SORIANO having been alerted by the
sound of the first gunfire. Both were hit on the head. TRINIDAD had used his carbine in killing the two
victims.
TAN then hurriedly got off the Fiera, ran towards the direction of Butuan City and hid himself in the bushes.
The Fiera was still running slowly then but after about seven (7) to ten (10) meters it came to a halt after
hitting the muddy side of the road. TAN heard a shot emanating from the Fiera while he was hiding in the
bushes.
After about twenty (20) to thirty (30) minutes, when a passenger jeep passed by, TAN hailed it and rode on
the front seat. After a short interval of time, he noticed that TRINIDAD was seated at the back. Apparently
noticing TAN as well, TRINIDAD ordered him to get out and to approach him (TRINIDAD) but, instead, TAN
moved backward and ran around the jeep followed by TRINIDAD. When the jeep started to drive away,
TAN clung to its side. TRINIDAD fired two shots, one of which hit TAN on his right thigh. As another
passenger jeep passed by, TAN jumped from the first jeep and ran to the second. However, the passengers
in the latter jeep told him to get out not wanting to get involved in the affray. Pushed out, TAN crawled until
a member of the P.C. chanced upon him and helped him board a bus for Butuan City

Issue : Whether or not if Emeliano Trinidad is liable for Frustrated Murder

Held :
No, TRINIDAD can only be convicted of Attempted Murder. TRINIDAD had commenced the commission of
the felony directly by overt acts but was unable to perform all the acts of execution which would have
produced it by reason of causes other than his spontaneous desistance, such as, that the jeep to which
TAN was clinging was in motion, and there was a spare tire which shielded the other parts of his body.
Moreover, the wound on his thigh was not fatal and the doctrinal rule is that where the wound inflicted on
the victim is not sufficient to cause his death, the crime is only Attempted Murder, the accused not having
performed all the acts of execution that would have brought about death
People vs Velasco G.R. No. L-31922 October 29, 1976

Facts :About 5:30 in the afternoon of the 2nd day of November, 1967, the offended party,
Estelita Lopez, a child, five years old, accompanied by her cousin Nenita Lopez, another
child, four years old, were at the North Cemetery, Manila. The defendant, Ricardo Velasco y
Abenojar, called them, gave Nenita a five-centavo coin and asked her to buy cigarettes for
him. After she left, the accused held Estelita by the hand and brought her to an alley. Once in
a hidden place between the tombs he kissed her on the lips, took off her panties and placed
himself on top of the girl while she was lying down on the ground face up and tried to insert
his sexual organ into that of the victim.

Detective Corporal Senen testified that the defendant verbally admitted to him while in
the hospital that he raped the girl, but that the defendant appeared to be drunk at the time.
After treatment, he was taken by the Precinct 2 operatives to the precinct where the
statements of Estelita and Jose Castro were taken, ... as well as the statement of Arsenio
Perez which was utilized by the defense on cross-examination of the said witness but did not
offer it as exhibit. The defendant again admitted verbally to Senen in Precinct 2 that he raped
the girl but refused to give a written statement. A Medico Legal examination was conducted in
the Medical Examiner's office by Dr. David S. Cabreira at out 8:10 P.M. of November 2,
1967 ..., and according to the said report the findings were, '(1) Fresh laceration of the hymen
at six o'clock positions (2) Vaginal opening is painful and sensitive to touch. Opinion: From the
above findings on the subject Estelita Lopez, the undersigned finds that she must have had
sexual intercourse recently before this examination.' "

Issue : Whether or not the accused committed Consummated Rape ?

Held : Yes , After considering the evidence both for the prosecution and the defense, the then Judge
Lantin was quite categorical as to the culpability of the accused: "There is no question that rape was the
crime committed, but because of the tender age of the child, she was only five years and six months at the
time, penetration was impossible due to the infatile character of the vagina, and, therefore, the crime could
only be frustrated rape (People v. Eriia, 50 Phil. 998). In the case of Eriia however, unlike the present
case, the hymen of the victim, who was three years and 11 months old, was not lacerated. Besides, the
Supreme Court gave the accused Eriia the benefit of the doubt because there was no conclusive
evidence of penetration of the genital organ of the offended party, referring to the labia and not the vagina.
In the present case,

However, considering the anatomical position of the labia majora and minora that these two
external parts of the female sexual organ cover the hymen and the vaginal opening and, therefore, in order
to rupture the hymen and produce the medico-legal finding that the 'vaginal opening was painful and
sensitive to touch,' the conclusion is inevitable that the sexual organ of the accused must have entered and
had passed the labia majora and the labia minora. And pursuant to the case ofPeople v. Oscar, 48 Phil.
527, and People v. Hernandez, 49 Phil. 980, and the dissenting opinion in the case ofPeople v.
Eriia (supra), the crime committed by the accused Ricardo Velasco y Abenojar was consummated rape." 6
People vs Pancho G.R. Nos. 136592-93. November 27, 2003

Facts : Michelle dela Torre was born on April 2, 1984[2] to spouses Exequiela
Lacanilao and Eduardo dela Torre. After Michelles father passed away, her
mother contracted a second marriage with appellant. Michelle and her two (2)
brothers live with the couple at Look First, Malolos, Bulacan.
On August 1, 1994, at around 6:00 oclock in the morning, Michelle, who was
then only ten years old, went home after spending the night at her aunts
house. While she was about to undress, appellant suddenly dragged her and
forced her to lie down on the floor. Although frightened, she struggled by kicking
and boxing him. However, he forcibly removed her clothes and underwear. Then
he took off his clothing. Appellant started kissing and holding her breast and
eventually had carnal knowledge of her. She felt pain when he inserted his
organ into her vagina which bled. She tried to resist but he held her both
arms. He was on top of her making push and pull movements for four (4)
minutes. Then he dressed up, threatening to kill her should she complain or tell
anyone about the incident.

Sometime in December, 1995 at the familys new residence at Bayugo,

Meycauayan, Bulacan, appellant arrived from work. When Michelle opened the
door and saw him, she got scared. While he was approaching her, she managed
to hit him.Then she attempted to jump out of the window, but he dragged her by
her feet. At that instance, her uncle (Tito Onio) suddenly arrived. [3] Immediately,
appellant stopped, thus thwarting his bestial desire.

After sometime, Michelle mustered enough courage to report the incidents to

her mother, but the latter casually ignored her. So, she turned to her
grandmother Natividad Lacanilao, who brought her, sometime in February, 1996,
to the National Bureau of Investigation (NBI) for examination
Dr. Ida P. Daniel, a Medico-L [5]egal Officer of the NBI, testified that she conducted a medico-genital
examination of Michelle dela Torre. . Her Conclusions are : (1). No evident sign of extragenital physical injury
noted on the body of the subject at the time of examination. ( 2) . Hymen, intact and its orifice small (2.0 cms
in diameter) as to preclude complete penetration by an average sized adult Filipino male organ in full
erection without producing any genital injury.

Issues : Whether or not the accused is guilty of consummated rape ?

Whether or not the accused is guilty of attempted rape ?
Held : Yes , We have ruled that in rape cases the absence of fresh lacerations does not
preclude the finding of rape,[21] especially when the victim is of tender age. [22] Moreover,
laceration of the hymen is not an element of the crime of rape. [23] Hymenal rupture or any
indication of vaginal laceration or genital injury is not necessary for the consummation of rape.
[24] Its absence does not negate a finding of forced sexual coitus. [25] For the rule is well settled
that rape is consummated by the slightest penile penetration of the labia
majora or pudendum of the female organ.[26] Indeed, the evidentiary weight of the medical
examination of the victim, as well as the medical certificate, is merely corroborative in
character and is not an indispensable element for conviction for rape. [27]

No , Under Art. 6, in relation to Art. 335, of the Revised Penal Code, rape is
attempted when the offender commences the commission of rape directly by
overt acts, but does not perform all the acts of execution which should produce
the crime of rape by reason of some cause or accident other than his own
spontaneous desistance.[34]
In this second case, the prosecution failed to prove that appellant started to
rape the victim and had commenced the performance of acts of carnal
knowledge. He did not force her to lie down or remove her garment. In short,
there was no showing that he did commence at all the performance of any act
indicative of an intent or attempt to rape the victim. What he did was to drag her
and hold her feet. At this juncture, we can not safely conclude that he was
attempting to rape her.
WHEREFORE, the Decision dated June 19, 1998 of the Regional Trial Court, Branch 15,
Malolos, Bulacan, in Criminal Case No. 837-M-96, convicting appellant Manolito Pancho of
rape and sentencing him to suffer the penalty of reclusion perpetua is AFFIRMED, with
the MODIFICATION that he is ordered to pay the victim, Michelle dela Torre, P50,000.00 as
civil indemnity, and P50,000.00 as moral damages.

In Criminal Case No. 838-M-96, the trial courts judgment convicting the
appellant of attempted rape is REVERSED AND SET ASIDE and a new one is
entered ACQUITTING him of the crime charged.

Costs de oficio.
People vs Lamahang G.R. No. L-43530 August 3, 1935

Facts : At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat on
Delgado and C.R. Fuentes streets of the City of Iloilo, caught the accused in the act of making an opening
with an iron bar on the wall of a store of cheap goods located on the last named street. At that time the
owner of the store, Tan Yu, was sleeping inside with another Chinaman. The accused had only succeeded
in breaking one board and in unfastening another from the wall, when the policeman showed up, who
instantly arrested him and placed him under custody.

Issue : Whether or the not is the accused guilty of attempted robbery .

Held : No , , In case of robbery, in order that the simple act of entering by means of force or violence
another person's dwelling may be considered an attempt to commit this offense, it must be shown that the
offender clearly intended to take possession, for the purpose of gain, of some personal property belonging
to another.

In the instant case, there is nothing in the record from which such purpose of the accused may
reasonably be inferred. From the fact established and stated in the decision, that the accused on the day in
question was making an opening by means of an iron bar on the wall of Tan Yu's store, it may only be
inferred as a logical conclusion that his evident intention was to enter by means of force said store against
the will of its owner. That his final objective, once he succeeded in entering the store, was to rob, to cause
physical injury to the inmates, or to commit any other offense, there is nothing in the record to justify a
concrete finding.1avvphil.et

It must be borne in mind (I Groizard, p. 99) that in offenses not consummated, as the material
damage is wanting, the nature of the action intended (accion fin) cannot exactly be ascertained, but the
same must be inferred from the nature of the acts executed (accion medio).

Viada (Vol. I, p. 47) holds the same opinion when he says that "the overt acts leading
to the commission of the offense, are not punished except when they are aimed directly to its
execution, and therefore they must have an immediate and necessary relation to the offense."
Considering says the Supreme Court of Spain in its decision of March 21, 1892 that in order
to declare that such and such overt acts constitute an attempted offense it is necessary that their
objective be known and established, or that said acts be of such nature that they themselves should
obviously disclose the criminal objective necessarily intended, said objective and finality to serve as
ground for the designation of the offense: . . . .
Wherefore, the sentence appealed from is revoked and the accused is hereby held guilty of attempted
trespass to dwelling, committed by means of force, with the aforesaid aggravating and mitigating
circumstances and sentenced to three months and one day of arresto mayor, with the accessory penalties
thereof and to pay the costs.
Valenzuela vs People G. R. No. 160188 June 21, 2007

Lessons Applicable: frustrated or consummated theft

Laws Applicable: Art. 6

FACTS:
May 19, 1994 4:30 pm: Aristotel Valenzuela and Jovy Calderon were sighted outside the Super Sale
Club, a supermarket within the ShoeMart (SM) complex along North EDSA, by Lorenzo Lago, a security
guard who was then manning his post at the open parking area of the supermarket. Lago saw Valenzuela,
who was wearing an ID with the mark Receiving Dispatching Unit (RDU) who hauled a push cart with
cases of detergent of Tide brand and unloaded them in an open parking space, where Calderon was
waiting. He then returned inside the supermarket and emerged 5 minutes after with more cartons of Tide
Ultramatic and again unloaded these boxes to the same area in the open parking space. Thereafter, he left
the parking area and haled a taxi. He boarded the cab and directed it towards the parking space where
Calderon was waiting. Calderon loaded the cartons of Tide Ultramatic inside the taxi, then boarded the
vehicle. As Lago watched, he proceeded to stop the taxi as it was leaving the open parking area and asked
Valenzuela for a receipt of the merchandise but Valenzuela and Calderon reacted by fleeing on foot. Lago
fired a warning shot to alert his fellow security guards. Valenzuela and Calderon were apprehended at the
scene and the stolen merchandise recovered worth P12,090.
Valenzuela, Calderon and 4 other persons were first brought to the SM security office before they were
transferred to the Baler Station II of the Philippine National Police but only Valenzuela and Calderon were
charged with theft by the Assistant City Prosecutor.
They pleaded not guilty.
Calderons Alibi: On the afternoon of the incident, he was at the Super Sale Club to withdraw from his
ATM account, accompanied by his neighbor, Leoncio Rosulada. As the queue for the ATM was long, he
and Rosulada decided to buy snacks inside the supermarket. While they were eating, they heard the
gunshot fired by Lago, so they went out to check what was transpiring and when they did, they were
suddenly grabbed by a security guard
Valenzuelas Alibi: He is employed as a bundler of GMS Marketing and assigned at the supermarket.
He and his cousin, a Gregorio Valenzuela, had been at the parking lot, walking beside the nearby BLISS
complex and headed to ride a tricycle going to Pag-asa, when they saw the security guard Lago fire a shot
causing evryon to start running. Then they were apprehended by Lago.
RTC: guilty of consummated theft
CA: Confirmed RTC and rejected his contention that it should only be frustrated theft since at the time
he was apprehended, he was never placed in a position to freely dispose of the articles stolen.

ISSUE: W/N Valenzuela should be guilty of consummated theft.

HELD: YES. petition is DENIED

Article 6 defines those three stages, namely the consummated, frustrated and attempted felonies.
o A felony is consummated when all the elements necessary for its execution and accomplishment are
present.
o It is frustrated when the offender performs all the acts of execution which would produce the felony as
a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator.
o It is attempted when the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
Each felony under the Revised Penal Code has a:
o subjective phase - portion of the acts constituting the crime included between the act which begins the
commission of the crime and the last act performed by the offender which, with prior acts, should result in
the consummated crime
 if the offender never passes the subjective phase of the offense, the crime is merely attempted
o objective phase - After that point of subjective phase has been breached
subjective phase is completely passed in case of frustrated crimes
the determination of whether a crime is frustrated or consummated necessitates an initial concession
that all of the acts of execution have been performed by the offender
The determination of whether the felony was produced after all the acts of execution had been
performed hinges on the particular statutory definition of the felony.
actus non facit reum, nisi mens sit rea - ordinarily, evil intent must unite with an unlawful act for there
to be a crime or there can be no crime when the criminal mind is wanting
In crimes mala in se, mens rea has been defined before as a guilty mind, a guilty or wrongful purpose
or criminal intent and essential for criminal liability.
Statutory definition of our mala in se crimes must be able to supply what the mens rea of the crime is
and overt acts that constitute the crime
Article 308 of the Revised Penal Code (Elements of Theft):
1. that there be taking of personal property - only one operative act of execution by the actor involved in
theft
2. property belongs to another
3. taking be done with intent to gain - descriptive circumstances
4. taking be done without the consent of the owner - descriptive circumstances
5. taking be accomplished without the use of violence against or intimidation of persons or force upon
things - descriptive circumstances
We are satisfied beyond reasonable doubt that the taking by the petitioner was completed in this case.
With intent to gain, he acquired physical possession of the stolen cases of detergent for a considerable
period of time that he was able to drop these off at a spot in the parking lot, and long enough to load these
onto a taxicab.
Article 308 of the Revised Penal Code, theft cannot have a frustrated stage. Theft can only be
attempted (no unlawful taking) or consummated (there is unlawful taking).

People vs Eria 50 Phil. 998 (1927)

Facts: Julian Eria charged of raping 3 yrs & 11 mo. old child. Doubt on whether
actual penetration occurred. Physical exam showed slight inflammation of exterior parts of
organ
indicating effort to enter vagina. Mom found childs organ covered with sticky
substance
Issue: WON crime is consummated?Held: No. Frustrated only1.
Possible for mans organ to enter labia of a 3 years and 8 months old child
(Kennedy v.
State)2. No conclusive evidence of penetration so give accused benefit of the dou
bt because there was no conclusive evidence of penetration of the genital organ of the offended party,
referring to the labia and not the vagina.
2.
Frustrated
d. In rape, when all the acts necessary for the penetration have been performed
butpenetration failed because of the disparity of the organs of parties. (People v.
Erina, 50 Phil. 998)
 In the case of Eriia however, unlike the present case, the hymen of the victim, who was three years and
11 months old, was not lacerated. Besides, the Supreme Court gave the accused Eriia the benefit of the
doubt because there was no conclusive evidence of penetration of the genital organ of the offended party,
referring to the labia and not the vagina.

People vs Orita G.R. No. 88724 April 3, 1990

Lessons Applicable: No frustrated rape

Laws Applicable: Art. 6

FACTS:
March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman student at the St. Joseph's
College, arrived at her boarding house after her classmates brought her home from a party. She knocked
at the door of her boarding house when a frequent visitor of another boarder held her and poked a knife to
her neck. Despite pleading for her release, he ordered her to go upstairs with him. Since the door which
led to the 1st floor was locked from the inside, they used the back door to the second floor. With his left arm
wrapped around her neck and his right hand poking a "balisong" to her neck, he dragged her up the stairs.
When they reached the second floor, he commanded herwith the knife poked at her neck, to look for a
room. They entered Abayan's room. He then pushed her hitting her head on the wall. With one hand
holding the knife, he undressed himself. He then ordered her to take off her clothes. Scared, she took off
her T-shirt, bra, pants and panty. He ordered her to lie down on the floor and then mounted her. He made
her hold his penis and insert it in her vagina. Still poked with a knife, she did as told but since she kept
moving, only a portion of his penis entered her. He then laid down on his back and commanded her to
mount him. Still only a small part of his penis was inserted into her vagina. When he had both his hands flat
on the floor. She dashed out to the next room and locked herself in. When he pursued her and climbed the
partition, she ran to another room then another then she jumped out through a window.
Still naked, she darted to the municipal building, 18 meters in front of the boarding house and knocked
on the door. When there was no answer, she ran around the building and knocked on the back door. When
the policemen who were inside the building opened the door, they found her naked sitting on the stairs
crying. Pat. Donceras, took off his jacket and wrapped it around her. Pat. Donceras and two other
policemen rushed to the boarding house where they heard and saw somebody running away but failed to
apprehend him due to darkness. She was taken to Eastern Samar Provincial Hospital where she was
physically examined.
Her vulva had no abrasions or discharges.
RTC: frustrated rape

ISSUE: W/N there is frustrated rape.

HELD: NO. RTC MODIFIED. guilty beyond reasonable doubt of the crime of rape and sentenced to
reclusion perpetua as well as to indemnify the victim in the amount of P30,000
Correlating Art. 335 and Art. 6, there is no debate that the attempted and consummated stages apply to
the crime of rape.
Requisites of a frustrated felony are:
o (1) that the offender has performed all the acts of execution which would produce the felony
o (2) that the felony is not produced due to causes independent of the perpetrator's will
attempted crime the purpose of the offender must be thwarted by a foreign force or agency which
intervenes and compels him to stop prior to the moment when he has performed all of the acts which
should produce the crime as a consequence, which acts it is his intention to perform
o If he has performed all of the acts which should result in the consummation of the crime and voluntarily
desists from proceeding further, it can not be an attempt.
in the crime of rape, from the moment the offender has carnal knowledge of his victim he actually
attains his purpose and, from that moment also all the essential elements of the offense have been
accomplished. Any penetration of the female organ by the male organ is sufficient. Entry of the labia or lips
of the female organ, without rupture of the hymen or laceration of the vagina is sufficient to warrant
conviction. Necessarily, rape is attempted if there is no penetration of the female organ
The fact is that in a prosecution for rape, the accused may be convicted even on the sole basis of the
victim's testimony if credible. Dr. Zamora did not rule out penetration of the genital organ of the victim.

People vs Campuhan
G.R. No. 129433 March 30, 2000

Lessons Applicable: Attempted rape

Laws Applicable:

FACTS:
April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old Crysthel Pamintuan, went to the
ground floor of their house to prepare Milo chocolate drinks for her 2 children. There she met Primo
Campuhan, helper of Conrado Plata Jr., brother of Corazon, who was then busy filling small plastic bags
with water to be frozen into ice in the freezer located at the second floor.
Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went upstairs and saw Primo Campuhan inside
her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already
removed, while his short pants were down to his knees and his hands holding his penis with his right hand
Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and boxed him several times. He evaded her
blows and pulled up his pants. He pushed Corazon aside who she tried to block his path. Corazon then ran
out and shouted for help thus prompting Vicente, her brother, a cousin and an uncle who were living within
their compound, to chase the Campuhan who was apprehended. They called the barangay officials who
detained.
Physical examination yielded negative results as Crysthel s hymen was intact
Campuhan: Crysthel was in a playing mood and wanted to ride on his back when she suddenly pulled
him down causing both of them to fall down on the floor.
RTC: guilty of statutory rape, sentenced him to the extreme penalty of death
Thus, subject to automatic review

ISSUE: W/N it was a consummated statutory rape

HELD: NO. MODIFIED. guilty of ATTEMPTED RAPE and sentenced to an indeterminate prison term of
eight (8) years four (4) months and ten (10) days of prision mayor medium as minimum, to fourteen (14)
years ten (10) months and twenty (20) days of reclusion temporal medium as maximum. Costs de oficio.

People v. De la Pea: labia majora must be entered for rape to be consummated

Primo's kneeling position rendered an unbridled observation impossible
Crysthel made a categorical statement denying penetration but her vocabulary is yet as
underdeveloped
Corazon narrated that Primo had to hold his penis with his right hand, thus showing that he had yet to
attain an erection to be able to penetrate his victim
the possibility of Primo's penis having breached Crysthel's vagina is belied by the child's own assertion
that she resisted Primo's advances by putting her legs close together and that she did not feel any intense
pain but just felt "not happy" about what Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!" not
"Aray ko, aray ko!
no medical basis to hold that there was sexual contact between the accused and the victim
People vs Guitierrez G.R. No. 188602 February 4, 2010

Facts:

On August 15, 2003, five (5) separate Informations for murder, frustrated murder and three (3)
counts of attempted murder were filed against appellant.

When arraigned, appellant, with the assistance of counsel de oficio, entered a plea of not guilty to
the charges. Trial on the merits then ensued.

Not finding credence in appellant's claim of self-defense, the RTC convicted him of murder,
frustrated murder and attempted murder on three (3) counts.

Appellant assails the trial court and the CA for giving credence to the prosecutions evidence. He
admits having killed Regis and wounding Dalit, but insists that he did so in self-defense.

Issue:

Did the accused act in self-defense?

Ruling:

No. Self-defense is an affirmative allegation and offers exculpation from liability for crimes only if
satisfactorily proved. It requires (a) unlawful aggression on the part of the victim; (b) reasonable
necessity of the means employed by the accused to repel it; and (c) lack of sufficient provocation
on his part.
In this case, appellant utterly failed to discharge the burden of proving unlawful aggression. His version
of the events was uncorroborated, and his testimony was found to be less credible by the trial court. On
the other hand, the surviving victims were unanimous that appellant suddenly fired at them, without any
provocation on their part. The credibility of the prosecution witnesses had been weighed by the trial
court, and it found their testimonies to be more convincing. As a rule, the appellate court gives full
weight and respect to the determination by the trial court of the credibility of witnesses, since the trial
judge has the best opportunity to observe their demeanor. While this rule admits of exceptions, none of
such exceptions obtains in this case.
The trial court and the CA cannot, therefore, be faulted for rejecting appellants plea of self-
defense.

This Court also agrees with the trial court in appreciating treachery as a qualifying circumstance.
The essence of treachery is the sudden and unexpected attack by the aggressor on unsuspecting
victims, depriving the latter of any real chance to defend themselves, thereby ensuring its
commission without risk to the aggressor, and without the slightest provocation on the part of the
victims.

The pieces of evidence gleaned by the trial court, the facts, are enough to show that treachery was
employed by appellant. The attack was sudden, as testified to by the witnesses, and unexpected.
Provocation on the part of the victims was not proven, and appellants testimony that the victims
were about to attack him cannot be given credence. The victims had no inkling that an attack was
forthcoming and had no opportunity to mount a defense. Thus, treachery was correctly appreciated
as a circumstance to qualify the crime to murder.

Under Article 248 of the Revised Penal Code (RPC), as amended, the penalty imposed for the crime
of murder is reclusion perpetua to death. There being no aggravating or mitigating circumstance,
the penalty imposed on appellant is reclusion perpetua, pursuant to Article 63, paragraph 223 of the
RPC. The prison term imposed by the trial court in Criminal Case No. 03-3639 is correct.

We also affirm the CA ruling that appellant is guilty of attempted murder, not of frustrated murder,
in Criminal Case No. 03-3640 for the injury sustained by Dalit. No convincing proof was offered to
show that the wound inflicted on Dalit was fatal and would have caused his death had medical help
not been provided. It is well settled that where the wounds inflicted on the victim are not sufficient
to cause his death, the crime is only attempted murder, as the accused had not performed all the
acts of execution that would have brought about the victim's death.

ARTICLE 8 !

Fernan Jr. et. al. vs. People