MUPAS & MUAPAS VS. PEOPLE G.R. No. 172834, February 6, 2008
Criminal Case Digest / Digested Case
Frustrated Homicide to Slight Physical Injuries
FACTS:
Petitioners JUN and GIL (aka Bajno) MUPAS were found guilty of frustrated homicide in Criminal Case No. 2314 in the Decision dated 22 November 2002 rendered by the Regional Trial Court of Malaoan, La Union.
The prosecution presented three witnesses, namely: Rogelio Murao (Rogelio - victim), Flaviano Murao (Flaviano) and Dr. Arsenio B. Martinez (Dr. Martinez).
Rogelio testified that at around 7:30 in the morning of 18 February 1993, he was walking to school with his companion Eduardo Murao, Jr. when Jun suddenly stopped and stabbed him using a 29-inch Batangas knife. Meantime, Banjo bodily restrained him but luckily Rogelio was able to avoid the blow. Next, Banjo and Jun hurled stones at him and hit him on the leg while Rogelio was running eastward. Rogelio then flagged down a motorized tricycle but the two assailants continued to pursue him. While inside the tricycle, Banjo held Rogelio by his neck and punched him while Jun stabbed him several times. Then, Rogelio alighted from the tricycle and ran home. Afterwards, his father and mother accompanied him to the hospital. There, Dr. Martinez attended to Rogelio, and found that the wounds may take TWO WEEKS to HEAL.
Prior to the incident, Rogelio recalled that in January of the same year, he had a misunderstanding with Jun where he and the latter hurled invectives at each other. Rogelio suspected that this event gave rise to the subject incident.
Jun and Gil were found guilty as charged and the judgment of conviction was elevated to the Court of Appeals.
Before the Court of Appeals, Jun and Gil argued that the trial court erred in: (1) finding Gil guilty of the crime charged despite the prosecution’s failure to prove his guilt beyond reasonable doubt; and (2) finding Jun guilty of the crime of frustrated homicide instead of physical injuries only. The convictions were however affirmed.
ISSUES:
Is the affirmation of the conviction for frustrated homicide proper?
HELD:
No. The trial court solely hinged its judgment of conviction on the victim Rogelio’s lone and uncorroborated testimony. While it is true that the testimony of one witness is sufficient to sustain a conviction if such testimony establishes the guilt of the accused beyond reasonable doubt, the Court rules in this case that the testimony of one witness in this case is not sufficient for this purpose. It appears then that Rogelio had at his disposal many witnesses who could have supported his allegations but curiously and without any explanation, none of these so-called witnesses were presented. It is thus Rogelio’s word against the attestations of others. Such omission already raises a reasonable doubt as to the guilt of the petitioners.
Assuming that Gil alias Banjo had any participation, there is likewise no evidence that he or Jun had intent to kill Rogelio. Intent to kill is the principal element of homicide or murder, in whatever stage of commission. Such intent must be proved in a clear and evident manner to exclude every possible doubt as to the homicidal intent of the aggressor.
Although it can be fairly assumed that the injuries suffered by Rogelio were sustained during the fistfight, it is not conclusive that the same were inflicted purposely to kill him. For one, if Jun in fact had been carrying a bolo with intent of killing Rogelio, and if indeed Banjo had conspired with Jun, it is no small wonder why the wounds inflicted were more superficial than mortal, more mild than grave.
Taken in its entirety, there is a dearth of medical evidence on record to sustain the claim that petitioners had any intention to kill Rogelio. When such intent is lacking but wounds were inflicted, the crime is not frustrated homicide but physical injuries only and in this case, less serious physical injuries considering the attending physician’s opinion that the wounds sustained by Rogelio would take two (2) weeks to heal.