Scribd Logo
Upload

Welcome to Scribd!

  • Serrano v. People GR No. 175023. July 5, 2010

    Uploaded by

    Hemsley Battikin Gup-ay
    82 views2 pages
    The petitioner Giovannie Serrano was involved in a brawl that resulted in him stabbing the victim Anthony Galang in the left side of his stomach. The victim was hospitalized for a week and recuperated at home for a month. The trial court found Serrano guilty of frustrated homicide but the appellate court found him only guilty of attempted homicide due to a lack of evidence that the stab wound was fatal. The Supreme Court agreed with the appellate court, finding that without evidence the wound was fatal or testimony from the attending physician, the crime committed should be considered attempted, not frustrated, homicide.

    Original Description:

    h

    Original Title

    18-19

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The petitioner Giovannie Serrano was involved in a brawl that resulted in him stabbing the victim Anthony Galang in the left side of his stomach. The victim was hospitalized for a week and recuperated at home for a month. The trial court found Serrano guilty of frustrated homicide but the appellate court found him only guilty of attempted homicide due to a lack of evidence that the stab wound was fatal. The Supreme Court agreed with the appellate court, finding that without evidence the wound was fatal or testimony from the attending physician, the crime committed should be considered attempted, not frustrated, homicide.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    82 views2 pages

    Serrano v. People GR No. 175023. July 5, 2010

    Uploaded by

    Hemsley Battikin Gup-ay
    The petitioner Giovannie Serrano was involved in a brawl that resulted in him stabbing the victim Anthony Galang in the left side of his stomach. The victim was hospitalized for a week and recuperated at home for a month. The trial court found Serrano guilty of frustrated homicide but the appellate court found him only guilty of attempted homicide due to a lack of evidence that the stab wound was fatal. The Supreme Court agreed with the appellate court, finding that without evidence the wound was fatal or testimony from the attending physician, the crime committed should be considered attempted, not frustrated, homicide.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Serrano v.

    People
    GR No. 175023. July 5, 2010.

    Facts:

    A brawl involving 15 to 18 members of two rival groups resulted to the stabbing of Anthony Galang, the victim,
    by the herein petitioner, Giovannie Serrano. During the rumble, the victim was stabbed at the left side of his
    stomach and was beaten until he fell into a nearby creek. In his fallen position, Galang claimed that when he
    inspected his stabbed wound, he saw a portion of his intestines showed. The victim received medical attention,
    stayed in the hospital for one week and thereafter stayed home for one month to recuperate.

    The RTC held that the crime committed reached the frustrated stage since the victim was stabbed on the left
    side of his stomach and that the victim had to be referred from an infirmary to hospital for medical treatment.
    On the other hand, the CA ruled that the crime committed only reached the attempted stage as there was lack
    of evidence that the stab wound inflicted was fatal to cause the victim’s death. It was observed that the
    attending physician did not testify in court and that the Medical Certificate and the Discharge Summary issued
    by the hospital fell short of “specifying the nature or gravity of the wound”.

    Issue:

    Whether or not the accused is guilty of attempted homicide instead of frustrated homicide.

    Held:

    Yes. The crucial point to consider is the nature of the wound inflicted which must be supported by independent
    proof showing that the wound inflicted was sufficient to cause the victim’s death without timely medical
    intervention. When nothing in the evidence shows that the wound would be fatal without medical intervention,
    the character of the wound enters the realm of doubt; under this situation, the doubt created by the lack of
    evidence should be resolved in favor of the petitioner. Thus, the crime committed should be attempted, not
    frustrated homicide.
    People v. T/Sgt. Angus, Jr.
    GR No. 178778. August 3, 2010.

    FACTS:

    On the 10th of January 2002, Betty Angus, the wife of Porferio Angus Jr., was found dead inside a bunker of
    Lanisi Patrol Base where the latter was stationed. The night before the incident, the couple were fighting over
    an alleged mistress of Porferio. The morning after, companions of Porferio, Malaran and Carpio, found him
    crying and embracing the dead body Betty, and saw a tubao in circular form hanging four feet from the ground.
    Prior the visitation of Betty to the base, Betty told Angeles, her old friend, that she planned to commit suicide
    because of the rumored cheating of her husband.

    The trial court and CA declared Porferio guilty beyond reasonable doubt of parricide.

    ISSUE:

    Whether or not Porferio is guilty of the crime of parricide

    HELD:

    No. Porferio is not guilty of parricide. The Court is not satisfied that the circumstantial evidence in this case
    constitutes an unbroken chain which leads to the conclusion that appellant, to the exclusion of all others, is
    guilty of killing his wife. The trial court relied on the testimonies of Malaran and Carpio who heard the appellant
    and his wife arguing about the latters illicit relationship with another woman, which supposedly proves motive
    for him to commit the crime. However, granting that appellant and Betty had an argument on the night before
    her death, it would be too much to presume that such an argument would drive appellant to kill his wife.
    Clearly, the motive is not convincing. If at all, the testimonies of Malaran and Carpio merely show a suspicion
    of appellants responsibility for the crime. Needless to state, however, suspicion no matter how strong can not
    sway judgment.[36] In the absence of any other evidence reasonably linking appellant to the crime, evidence of
    motive is not sufficient to convict him.[37]

    You might also like