Republic of the
Supreme Court
THIRD
DIVISION
|
ARELLANO NOVICIO, Petitioner, - versus - PEOPLE OF THE Respondent. |
G.R. No. 163331
Present: YNARES-SANTIAGO,
J., Chairperson, AUSTRIA-MARTINEZ, CHICO-NAZARIO, NACHURA, and REYES, JJ. Promulgated: August
29, 2008 |
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DECISION
NACHURA, J.:
Before this
Court is a Petition for Review on Certiorari[1]
under Rule 45 of the Rules of Civil Procedure seeking the reversal of the Court
of Appeals (CA) Decision[2]
dated July 31, 2003 which affirmed the
Decision[3]
of the Regional Trial Court (RTC) of Baler, Aurora, Branch 66, dated May 9, 2001,
convicting petitioner Arellano Novicio (petitioner) of the crime of Frustrated
Homicide.
The Facts
Petitioner
was charged with the crime of Frustrated Homicide in an Information[4]
dated
That at about 8:00 o’clock in the evening on September 24, 1998 in Bacong, San Luis, Aurora and within the jurisdiction of this Honorable Court, the said accused, with intent to kill, did then and there, unlawfully, feloniously and willfully attack, assault and use personal violence upon Mario Mercado by shooting him with a short firearm as a result of which the latter sustained a gunshot wound: POE 1 cm., (R) public area, POX 1”, lacerated stellate (L) gluteus thereby performing all the acts of execution which would produce crime of Homicide were it not for a timely and effective medical attendance which prevented his death.
CONTRARY TO LAW.
Petitioner voluntarily surrendered and
posted the corresponding bail bond for his provisional liberty in the amount of
P24,000.00. Thus, the RTC ordered that the warrant of
arrest issued against petitioner be recalled.[5] Upon
arraignment on
There are two versions of what had transpired on September 24, 1998, at about 8:00 o’clock in the evening, at Bacong, San Luis, Aurora, particularly in front of the house of Reynaldo Novicio, where the latter’s grandchild was having a birthday celebration.
According to private complainant Mario F. Mercado, on that day, time and place, he was at the party[,] drinking with Edmund Acosta, Alipio Leander, Jr., Reynaldo Novicio, Aniano Paquia, Demetrio Valenzuela and a certain Andy[,] when accused-appellant Arellano Novicio arrived; as the accused-appellant sat with them, he (Arellano) drew a gun from his waist and sat on it after a while, the accused-appellant pointed to him (Mario) saying “Huwag kang tatayo Boy”; when he (Mario) was about to stand the accused-appellant shot him; he (Mario) ran to the house of Reynaldo Novicio to hide in a room but Arnold Novicio, the son of the accused-appellant, forcibly opened it saying “Ano-ano Boy, tapusin na kita” while aiming a short gun at him; Shelly Novicio[-]Iporac, who was inside the room, shouted “Papa, may tama si Kuya Mar” so Arnold left him; then, he (Mario) went out of his hiding place and was later brought to the hospital for treatment,[7] the accused-appellant had a continuing grudge against him because in the evening of July 23, 1998,[8] the former also pointed a gun at him.[9] The private complainant’s story is corroborated by his wife, Maricris Mercado[10] and his father-in-law Demetrio Valenzuela.[11]
On the part of accused-appellant Arellano Novicio, he claims that when he arrived on that day, time and place via a motorcycle driven by Walfredo Cruz, they were invited to drink with Demetrio Valenzuela, Aniano Paquia, Edmund Acosta, his brother-in-law Andy, his brother Reynaldo Novicio and private complainant Mario Mercado, who were already noisy as there were empty bottles of gin scattered around; before he (Arellano) could sit, the private complainant told him “O, dumating na pala ang bata ni Governor,” which statement he ignored because it was obvious that the latter was already drunk; as he (Arellano) conversed with the group, the private complainant told him “Paano ngayon Sec., amin na ang munisipyo,” but he pretended not to hear it; it seemed that the private complainant was not satisfied since he continued riling him to the extent of even telling him to prepare because he would be axed (sibakin) from the government service; when he (Arellano) could no longer endure the fabrications and lies being told by the private complainant, he told him to stop because no one would believe him; the private complainant, resenting what he (Arellano) had told him, suddenly stood and drew a .38 caliber revolver from his waist and pointed it at him; immediately, he (Arellano) held the hand of the private complainant and tried to get the gun from the latter; since he (Arellano) could not get hold of the gun, he did his best to change the direction to which the same was pointing, as a result of which they grappled with each other until they fell to the ground, causing the gun to go off and finally fall to the ground; at that moment, his (Arellano) brother Reynaldo pulled him and told him to run because the private complainant was in the act of picking up the gun so he ran away as fast as he could; for fear that the private complainant was still looking for him, he (Arellano) went to the house of Dading Serrano and returned home only the following morning when he was informed by his brother Reynaldo that the private complainant was a wounded when the gun went off while they were grappling for its possession; he (Arellano) never had the intention of killing nor injuring the private complainant as shown by the circumstance that he could have shot the private complainant in a vital part of his body as he was very
near him.[12] The accused-appellant’s version is corroborated by Reynaldo
Novicio,[13] Edmund Acosta,[14]
Walfredo Cruz,[15] Arnold Novicio[16] and Arnel Pena.[17] In
addition, they allege that after the accused-appellant ran away, they saw the
private complainant handing the gun to his father-in-law Demetrio
Valenzuela. Arnold Novicio also denied
pointing a gun at the complainant.[18]
As a result of this incident, per
medical findings of one Dr. Roberto Correa, (Dr. Correa), Medical Officer IV of
the Aurora Memorial Hospital (Hospital), Mario sustained a gunshot wound, the
point of entry of which was located in the right pubic area (lower abdomen),
measuring one (1) inch in size and the point of exit was located at the left
gluteus (buttocks), measuring one (1) inch in size and stellated in shape.[19]
Dr. Correa testified that it is possible
that the wound was fatal in nature. Thus, due to the nature of the injury sustained
and the possibility of hitting a vital organ, the doctors decided that Mario be
transferred to the Dr. Paulino J. Garcia Memorial Research and
The RTC's Ruling
On
WHEREFORE, premises considered,
the Court finds accused Arellano Novicio GUILTY beyond reasonable doubt of the
crime of frustrated homicide and considering the mitigating circumstance of
voluntary surrender without any aggravating circumstance to offset the same and
applying the Indeterminate Sentence Law, hereby sentences him to suffer an
indeterminate penalty ranging from four
(4) years, two (2) months and one (1) day of prision correccional as minimum up
to eight (8) years of prision mayor as maximum and to pay the costs.
The Court reserves to Mario Mercado the right to institute a separate civil action for the recovery of the civil liability of the accused.
SO ORDERED.
Aggrieved, petitioner appealed the RTC
Decision to the CA.[21]
The CA's
Ruling
On July 31, 2003, the CA affirmed in toto the ruling of the RTC, holding
that the petitioner's claim that the prosecution's evidence is fabricated and
imaginary cannot prevail over the testimonies by the victim, Mario and his
father-in-law, Demetrio Valenzuela (Demetrio), which were credible, sincere and
without any showing of ill motive on the latter's part. The CA also held that it
is not the number of witnesses that will move a trial court to acquit or
convict an accused but the credibility of the witnesses and their sincerity in
narrating the events leading to the incident in question. Moreover, the CA
discarded petitioner's defense that he merely acted in self-defense. The CA
opined that Mario did not commit any unlawful aggression against the petitioner
as the latter was in possession of the gun at the time. Finally, the CA
accorded great weight and respect to the factual findings of the RTC,
particularly in the evaluation of the testimonies of witnesses.
Petitioner filed a Motion for
Reconsideration[22] of
the assailed Decision which the CA denied in its Resolution[23]
dated
Hence, this Petition based on the
following assignment of errors:
1. THE HONORABLE COURT A QUO ERRED IN RULING OUT THAT THE APPELLANT-PETITIONER ACTED IN SELF-DEFENSE; [AND]
2. THE HONORABLE COURT A QUO ERRED IN RULING THAT THE APPELLANT-PETITIONER ACTED WITH INTENT TO KILL.
Petitioner argued that: based on the
testimonies of the petitioner and his witnesses, it is clear that petitioner
merely acted in self-defense; Mario was the aggressor because he drew his gun
and aimed it at petitioner; and the CA manifestly overlooked and failed to
perceive such fact. Moreover, petitioner claimed that: petitioner did not act
with intent to kill since Mario sustained a single gunshot wound which required
only a few days of hospital confinement; the testimony of Dr. Correa gives rise
to a reasonable doubt as to the serious nature of the said wound as Dr. Correa
stated that it was possible that the wound was fatal in nature; Dr. Correa's
medical findings do not justify petitioner's conviction for Frustrated Homicide
as it is required that the assailant must have performed all acts of execution
to effectuate the intent to kill. Verily, such intent must be proved beyond
reasonable doubt. Thus, where intent to kill was not sufficiently established,
the accused must be convicted of a less serious offense.[24]
Furthermore, petitioner's defense that he did not own the said gun must be
given credence by this Court as it was corroborated by other competent
witnesses that before Mario boarded the tricycle, he handed the said gun to Demetrio.
Lastly, petitioner submitted that there is a question of law involved in this
case as the Court is asked to resolve the doubts or differences as to what the
law is on certain state of facts, hence, the instant Petition under Rule 45 is
in order.[25]
On the other hand, respondent People of
the Philippines through the Office of the Solicitor General (OSG) averred that:
the petitioner's guilt has been proven beyond reasonable doubt; petitioner
failed to establish his claim of self-defense; invoking such claim of
self-defense, the burden of proving his innocence is now shifted to the
petitioner; standing by the ruling of the RTC, it is unnatural for the
petitioner's relatives not to tender any aid if he was indeed attacked by
Mario; petitioner could have reported the matter immediately to the police;
Shelly Novacio-Iporac's testimony rebutted the claim of the petitioner and his
other witnesses that Mario as the aggressor immediately ran away after the
incident and that petitioner handed the gun to his father-in-law, Demetrio;
there was no unlawful aggression on the part of Mario to justify petitioner’s
act of shooting him and absent such element of unlawful aggression, there could
never be self-defense, whether complete or incomplete. Moreover, petitioner's
intent to kill was clearly manifested in his acts of using a lethal weapon, i.e., a gun, in attempting to shoot the
victim for the second time, and in the seriousness of the injury sustained. The
OSG posited that when Dr. Correa in his testimony said that the wound was
possibly fatal, he clearly meant that without the proper medical attention and
intervention, Mario could have died. Thus, Mario was transferred to another
hospital. The OSG claimed that by questioning the serious nature of the injury
sustained, petitioner raised a question of fact which is beyond the office of a
Petition for Review on Certiorari
under Rule 45 as only pure questions of law may be entertained in this case.
Lastly, the OSG submitted that the factual findings of the RTC as affirmed by
the CA must be given credence.[26]
On the first issue, petitioner invokes
self-defense. Thus, it was incumbent upon him to prove by clear and convincing
evidence that he indeed acted in defense of himself. For in invoking
self-defense, the accused
admits
killing or seriously wounding the victim and accordingly, has the burden of
justifying his act. The requisites of self-defense are: (1) unlawful
aggression; (2) reasonable necessity of the means employed to repel or prevent
it; and (3) lack of sufficient provocation on the part of the person defending
himself.[27]
The settled rule is that the
determination of whether or not the accused acted in self-defense, complete or
incomplete, is a factual issue. And equally entrenched is the legal aphorism
that factual findings of the trial court and its calibration of the testimonies
of the witnesses and its conclusions anchored on its findings are accorded by
the appellate court high respect, if not conclusive effect, more so when
affirmed by the CA. The exception is when it is established that the trial
court ignored, overlooked, misconstrued or misinterpreted cogent facts and
circumstances which, if considered, will change the outcome of the case.
We have reviewed the records of the RTC
and the CA and we find no justification to deviate from the trial court's
findings and its conclusion.[28]
We find that the petitioner has not adequately discharged his burden of proving
the elements of self-defense.
As found by the RTC, affirmed by the CA
and espoused by the OSG, there are indeed material inconsistencies in the
testimonies of petitioner and his witnesses as to the incident. Petitioner and
his witnesses claimed that after the shooting incident, Mario ran away, carried
his gun with him and before boarding the tricycle, handed the same to Demetrio.
Mario denied this, testifying that he ran to Reynaldo Novicio's house and hid in the room of Shelly
Novicio-Iporac. Shelly herself corroborated the testimony of Mario. This rebuts
the defense contention that Mario owned the gun and tried to hide the weapon
through Demetrio. Likewise, we find it
contrary to human reason and experience that petitioner's brother, relatives
and friends, who were present at the time in the house of Reynaldo, merely
stood by when petitioner was allegedly assaulted by Mario. Petitioner would
have been defended by his relatives the moment Mario allegedly insulted and
poked the gun at petitioner. Thus, we agree with the RTC's and the CA's ruling
that the prosecution's version is credible and clear. Moreover, it is of record
that petitioner at an earlier date poked a gun at Mario. Logically, then, petitioner
was the aggressor. Because the first element of self-defense is not present,
such defense must fail.
Note that the RTC found Mario and Demetrio
to be credible witnesses, deserving full faith and credence. Note likewise that
the CA did not disturb the RTC's appreciation of their credibility. It is
doctrinal that the trial court's assessment of the credibility of witnesses
especially when affirmed by the CA is entitled to great weight and respect.
Petitioners failed to show any persuasive reason for us to depart from this
doctrine, other than insisting that several witnesses for the defense
contradicted the prosecution's version of the incident. Credibility is weighed
not by the number of witnesses but by the quality of their testimonies.[29]
On the second issue, our ruling in Rivera v. People[30]
is instructive:
An essential element of murder and homicide, whether in their consummated, frustrated or attempted stage, is intent of the offenders to kill the victim immediately before or simultaneously with the infliction of injuries. Intent to kill is a specific intent which the prosecution must prove by direct or circumstantial evidence, while general criminal intent is presumed from the commission of a felony by dolo.
In People v. Delim [444 Phil. 430, 450
(2003)], the Court declared that evidence to prove intent to kill in crimes
against persons may consist, inter alia,
in the means used by the malefactors,
the nature, location and number of wounds sustained by the victim, the conduct of the malefactors before, at the time, or
immediately after
the killing of the victim, the circumstances under which the crime was committed and the motives of the accused. If the victim dies as a result of a deliberate act of the malefactors, intent to kill is presumed.
It is petitioner's postulation that the
lone gunshot wound of Mario does not establish intent to kill. However, the
number of wounds inflicted is not the sole consideration in proving intent to
kill. In Adame v. Hon. Court of Appeals,[31]
a single gunshot wound was inflicted on the victim but this Court convicted the
accused therein of frustrated homicide. Just like in Adame, it is worth stressing that petitioner used a gun in this
case, and, if not for Mario's act of shoving the table at him, petitioner could
have fired a second shot. Furthermore, the nature and location of the wound should
also be considered. Dr. Correa’s
positive testimony was that the wound sustained by Mario could cause death if
left untreated. In fact, the first hospital to which Mario was brought could
not fully cater to the medical treatment required, and Mario had to be transferred
to the Center. This Court has repeatedly held that if the victim's wound would
normally cause death, then the last act necessary to produce homicide would
have been performed and death would have resulted were it not for the timely
medical attention given to the victim.[32]
All told, we find no reversible error
on the part of the findings of both the RTC and the CA.
WHEREFORE,
the instant Petition is DENIED. The
assailed Court of Appeals Decision in CA-G.R.
CR No. 25312, dated
SO
ORDERED.
ANTONIO
EDUARDO B. NACHURA
Associate Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate
Justice
Chairperson
|
MA. ALICIA AUSTRIA-MARTINEZ Associate
Justice |
MINITA V. CHICO-NAZARIO Associate Justice |
RUBEN T. REYES
Associate
Justice
A T T E S T A T I O N
I attest that the conclusions in the above Decision were
reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
CONSUELO
YNARES-SANTIAGO
Associate
Justice
Chairperson,
Third Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution and
the Division Chairperson's Attestation, I certify that the conclusions in the
above Decision had been reached in consultation before the case was assigned to
the writer of the opinion of the Court’s Division.
REYNATO
S. PUNO
Chief Justice
[1] Rollo, pp. 39-54.
[2] Penned
by Associate Justice Hakim S. Abdulwahid, with Associate Justices B.A. Adefuin-de
La Cruz and Perlita J. Tria Tirona concurring; id. at 208-216.
[3] Penned by Judge Armando A. Yanga; id. at
149-157.
[4] Records, pp. 1-2.
[5] RTC Order dated
[6] RTC Order dated
[7] Exhibits C and D, Records, pp. 32-34.
[8] Exhibit A; id. at 35-37.
[9] Exhibit B; id. at 30-31.
[10]
[11]
[12] Exhibit 6; id. at 11-13.
[13] Exhibit. 4; id. at 14-15.
[14]
[15] Exhibit 1; id. at 18-19.
[16] Exhibit 5; id. at 22-23.
[17] Exhibit 2; id. at 7.
[18]
[19] Exhibit D; id. at 33.
[20] TSN,
[21] Notice of Appeal dated
[22] Rollo, pp. 217-224.
[23]
[24] Supra note 1.
[25] Reply dated
[26] OSG Comment dated
[27] Andrada v. People, G.R. No. 135222,
[28] Casitas v. People, 466 Phil. 861, 869 (2004).
[29] Ureta v. People, 436 Phil. 148, 159
(2002).
[30] G.R. No. 166326,
[31] 440 Phil. 827 (2002).
[32] Id. at 839, citing People vs. Salva, 424 Phil. 63, 78-79 (2002) and People vs. Bangcado, 346 SCRA 189, 206-207 (2000).