G.R. No.

178512               November 26, 2014

ALFREDO DE GUZMAN, JR., Petitioner, 

BERSAMIN, J.:

Frustrated homicide requires intent to kill on the part of the offender. Without proof of
such intent, the felony may only be serious physical injuries. Intent to kill may be
established through the overt and external acts and conduct of the offender before,
during and after the assault, or by the nature, location and number of the wounds
inflicted on the victim.

The Case

Under review at the instance of the petitioner is the decision promulgated on September
27, 2006,1 whereby the Court of Appeals (CA) affirmed his conviction for frustrated
homicide committed against Alexander Flojo under the judgment rendered on September
10, 2003 by the Regional Trial Court (RTC), Branch 213, in Mandaluyong City in Criminal
Case No. 191-MD.2

Antecedents

The CA summarized the versions of the parties as follows:

x x x [O]n December 24, 1997, at aboutten o’clock in the evening, Alexander Flojo
(hereafter "Alexander") was fetching water below his rented house at 443 Aglipay Street,
Old Zaniga St., Mandaluyong City when suddenly Alfredo De Guzman (hereafter
"Alfredo"), the brother of his land lady, Lucila Bautista (hereafter "Lucila"), hit him on the
nape. Alexander informed Lucila about what Alfredo did to him. Lucila apologized to
Alexander by saying, "Pasensya ka na Mang Alex" and told the latter to just go up.
Alexander obliged and went upstairs. He took a rest for about two hours. Thereafter, at
around 12:00 to 12:15 A.M., Alexander went down and continued to fetch water. While
pouring water into a container, Alfredo suddenly appeared in front of Alexander and
stabbed him on his left face and chest.

Cirilino Bantaya, a son-in-law of Alexander, saw the latter bleeding on the left portion of
his body and begging for help. Alexander then told Cirilino that Alfredo stabbed him.
Cirilino immediately loaded Alexander into his motorcycle (backride) and brought him to
the Mandaluyong City Medical Center. Upon arrival at the hospital, the doctors
immediately rendered medical assistance to Alexander. Alexander stayed in the
emergency room of said hospital for about 30 to 40 minutes. Then, he was brought to
the second floor of the said hospital where he was confined for two days. Thereafter,
Alexander was transferred to the Polymedic General Hospital where he was subjected for
(sic) further medical examination.

Alexander sustained two stabbed (sic) wounds. (sic) One of which was on the zygoma,
left side, and aboutone (1) cm. long. The other is on his upper left chest which
penetrated the fourth intercostal space at the proximal clavicular line measuring about
two (2) cm. The second stabbed (sic) wound penetrated the thoracic wall and left lung of
the victim which resulted to blood air (sic) in the thoracic cavity thus necessitating the
insertion of a thoracostomy tube toremove the blood. According to Dr. Francisco
Obmerga, the physician who treated the victim at the Mandaluyong City Medical Center,

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the second wound was fatal and could have caused Alexander’s death without timely
medical intervention. (Tsn, July 8, 1998, p.8).

On the other hand, Alfredo denied having stabbed Alexander. According to him, on
December 25,1997 at around midnight, he passed by Alexander who was, then, fixing a
motorcycle. At that point, he accidentally hit Alexander’s back, causing the latter to throw
invective words against him. He felt insulted, thus, a fistfight ensued between them.
They even rolled on the ground. Alfredo hit Alexander on the cheek causing blood to
ooze from the latter’s face.3

The RTC convicted the petitioner, decreeing thusly:

PRESCINDING (sic) FROM THE FOREGOING

CONSIDERATIONS, the court finds accused Alfredo De Guzman y Agkis a.k.a., "JUNIOR,"
guilty beyond reasonable doubt for (sic) the crime of FRUSTRATED HOMICIDE defined
and penalized in Article 250 of the Revised Penal Code and in the absence of any
modifying circumstance, he is hereby sentenced to suffer the indeterminate penalty of
Six (6) Months and One (1) day of PRISION CORR[R]ECCIONAL as MINIMUM to Six (6)
Years and One (1) day of PRISION MAYOR as MAXIMUM.

The accused is further ordered topay the private complainant compensatory damages in
the amount of ₱14,170.35 representing the actual pecuniary loss suffered by him as he
has duly proven.

SO ORDERED.4

On appeal, the petitioner contended that his guilt had not been proved beyond
reasonable doubt; that intent to kill, the critical element of the crime charged, was not
established; that the injuries sustained by Alexander were mere scuffmarks inflicted in
the heatof anger during the fist fight between them; that he did not inflict the
stabwounds, insisting that another person could have inflicted such wounds; and that he
had caused only slight physical injuries on Alexander, for which he should be accordingly
found guilty.

Nonetheless, the CA affirmedthe petitioner’s conviction, viz:

WHEREFORE, premises considered, the instant appeal is DISMISSED. The September 10,
2003 Decision of the Regional Trial Court of Mandaluyong City, Branch 213, is hereby
AFFIRMED in toto.

SO ORDERED.5

The CA denied the petitioner’s motion for reconsideration on May 2, 2007.6

Issue

Was the petitioner properly found guilty beyond reasonable doubt of frustrated
homicide?

Ruling

The appeal lacks merit.

The elements of frustrated homicide are: (1) the accused intended to kill his victim, as
manifested by his use of a deadly weapon in his assault; (2) the victim sustained fatal or
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mortal wound but did not die because of timely medical assistance; and (3) noneof the
qualifying circumstances for murder under Article 248 of the Revised Penal Code, as
amended, is present.7 Inasmuch as the trial and appellate courts found none of the
qualifying circumstances in murder under Article 248 to be present, we immediately
proceed to ascertain the presence of the two other elements.

The petitioner adamantly denies that intent to kill was present during the fistfight
between him and Alexander.1âwphi1 He claims that the heightened emotions during the
fistfight naturally emboldened both of them, but he maintains that he only inflicted minor
abrasions on Alexander, not the stab wounds that he appeared to have sustained.
Hence, he should be held liable only for serious physical injuries because the intent to
kill, the necessary element to characterize the crime as homicide, was not sufficiently
established. He avers that such intentto kill is the main element that distinguishes the
crime of physical injuries from the crime of homicide; and that the crime is homicide only
if the intent to kill is competently shown.

The essential element in frustrated or attempted homicide is the intent of the offender to
kill the victim immediately before or simultaneously with the infliction of injuries. Intent
to kill is a specific intent that the State must allege in the information, and then prove by
either direct or circumstantial evidence, as differentiated from a general criminal intent,
which is presumed from the commission of a felony by dolo.8 Intent to kill, being a state
of mind, is discerned by the courts only through external manifestations, i.e., the acts
and conduct of the accused at the time of the assault and immediately thereafter. In
Rivera v. People,9 we considered the following factors to determine the presence of
intent to kill, namely: (1) the means used by the malefactors; (2) the nature, location,
and number of wounds sustained by the victim; (3) the conduct of the malefactors
before, during, or immediately after the killing of the victim; and (4) the circumstances
under which the crime was committed and the motives of the accused. We have also
considered as determinative factors the motive of the offender and the words he uttered
at the time of inflicting the injuries on the victim.10

Here, both the trial and the appellate court agreed that intent to kill was present. We
concur with them. Contrary to the petitioner’s submission, the wounds sustained by
Alexander were not mere scuffmarks inflicted in the heat of anger or as the result ofa
fistfight between them. The petitioner wielded and used a knife in his assault on
Alexander. The medical records indicate, indeed, that Alexander sustained two stab
wounds, specifically, one on his upper left chest and the other on the left side of his face.
The petitioner’s attack was unprovoked with the knife used therein causing such wounds,
thereby belying his submission, and firmly proving the presence of intent to kill. There is
also to beno doubt about the wound on Alexander’s chest being sufficient to result into
his death were it not for the timely medical intervention.

With the State having thereby shown that the petitioner already performed all the acts of
execution that should produce the felony of homicide as a consequence, but did not
produce it by reason of causes independent of his will, i.e., the timely medical attention
accorded to Alexander, he was properly found guilty of frustrated homicide.

We have no cogent reason to deviate from or to disregard the findings of the trial and
appellate courts on the credibility of Alexander’s testimony. It is not disputed that the
testimony of a single but credible and trustworthy witness sufficed to support the
conviction of the petitioner. This guideline finds more compelling application when the
lone witness is the victim himself whose direct and positive identification of his assailant
is almost always regarded with indubitable credibility, owing to the natural tendency of
the victim to seek justice for himself, and thus strive to remember the face of his
assailant and to recall the manner in which the latter committed the crime.11 Moreover, it

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is significant that the petitioner’s mere denial of the deadly manner of his attack was
contradicted by the credible physical evidence corroborating Alexander’s statements.
Under the circumstances, we can only affirm the petitioner’s conviction for frustrated
homicide. The affirmance of the conviction notwithstanding, we find the indeterminate
penalty of "Six (6) Months and One (1) day of PRISION CORR[R]ECCIONAL as MINIMUM
to Six (6) Years and One (1) day of PRISION MAYOR as MAXIMUM"12 fixed by the RTC
erroneous despite the CA concurring with the trial court thereon. Under Section 1 of the
Indeterminate Sentence Law, an indeterminate sentence is imposed on the offender
consisting of a maximum term and a minimum term.13 The maximum term is the
penaltyproperly imposed under the Revised Penal

Code after considering any attending modifying circumstances; while the minimum term
is within the range of the penalty next lower than that prescribed by the Revised Penal
Codefor the offense committed. Conformably with Article 50 of the Revised Penal
Code,14 frustrated homicide is punished by prision mayor, which is next lower to reclusion
temporal, the penalty for homicide under Article 249 of the Revised Penal Code. There
being no aggravating or mitigating circumstances present, however, prision mayorin its
medium period – from eight years and one day to 10 years – is proper. As can be seen,
the maximum of six years and one day of prision mayor as fixed by the RTC and affirmed
by the CA was not within the medium period of prision mayor. Accordingly, the correct
indeterminate sentence is four years of prision correccional, as the minimum, to eight
years and one day of prision mayor, as the maximum.

The RTC and the CA also agreed on limiting the civil liability to the sum of ₱14,170.35 as
compensatory damages "representing the actual pecuniary loss suffered by [Alexander]
as he has duly proven."15 We need to revise such civil liability in order to conform to the
law, the Rules of Court and relevant jurisprudence. In Bacolod v. People,16 we
emphatically declared to be "imperative that the courts prescribe the proper penalties
when convicting the accused, and determine the civil liability to be imposed on the
accused, unless there has been a reservation of the action to recover civil liability or a
waiver of its recovery." We explained why in the following manner:

It is not amiss to stress that both the RTC and the CA disregarded their express mandate
under Section 2, Rule 120 of the Rules of Courtto have the judgment, if it was of
conviction, state: "(1) the legal qualification of the offense constituted by the acts
committed by the accused and the aggravating or mitigating circumstances which
attended its commission; (2) the participation of the accused in the offense, whether as
principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his wrongful act or omission to
be recovered from the accused by the offended party, if there is any, unless the
enforcement of the civil liability by a separate civil action has been reserved or waived."
Their disregard compels us to actas we now do lest the Court be unreasonably seen as
tolerant of their omission. That the Spouses Cogtas did not themselves seek the
correction of the omission by an appeal is no hindrance to this action because the Court,
as the final reviewing tribunal, has not only the authority but also the duty to correct at
any time a matter of law and justice.

We also pointedly remind all trial and appellate courts to avoid omitting reliefs that the
parties are properly entitled to by law or in equity under the established facts. Their
judgments will not be worthy of the name unless they thereby fully determine the rights
and obligations of the litigants. It cannot be otherwise, for only by a full determination of
such rights and obligations would they be true to the judicial office of administering
justice and equity for all. Courts should then be alert and cautious in their rendition of
judgments of conviction in criminal cases. They should prescribe the legal penalties,
which is what the Constitution and the law require and expect them to do. Their

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prescription of the wrong penalties will be invalid and ineffectual for being done without
jurisdiction or in manifest grave abuse of discretion amounting to lack of jurisdiction.
They should also determine and set the civil liability ex delicto of the accused, in order to
do justice to the complaining victims who are always entitled to them. The Rules of Court
mandates them to do so unless the enforcement of the civil liability by separate actions
has been reserved or waived.17

Alexander as the victim in frustrated homicide suffered moral injuries because the
offender committed violence that nearly took away the victim’s life. "Moral damages
include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar injury. Though incapable
of pecuniary computation, moral damages may be recovered if they are the proximate
result of the defendant's wrongful act for omission."18 Indeed, Article 2219, (1), of the
Civil Code expressly recognizes the right of the victim in crimes resulting in physical
injuries.19 Towards that end, the Court, upon its appreciation of the records, decrees that
₱30,000.00 is a reasonable award of moral damages.20 In addition, AAA was entitled to
recover civil indemnity of ₱30,000.00.21 Both of these awards did not require allegation
and proof.

In addition, the amounts awarded ascivil liability of the petitioner shall earn interest of
6% per annumreckoned from the finality of this decision until full payment by the
accused. WHEREFORE, the Court AFFIRMS the decision promulgated on September 27,
2006 finding petitioner Alfredo De Guzman, Jr. GUILTY beyond reasonable doubt of
FRUSTRATED HOMICIDE, and SENTENCES him to suffer the indeterminate penalty of
four years of prision correccional, as the minimum, to eight years and one day of prision
mayor, as the maximum; ORDERS the petitioner to pay to Alexander Flojo civil indemnity
of ₱30,000.00; moral damages of ₱30,000.00; and compensatory damages of Pl4,170.35,
plus interest of 6% per annum on all such awards from the finality of this decision until
full payment; and DIRECTS the petitioner to pay the costs of suit.

SO ORDERED.

Footnotes

* Vice Associate Justice Estela M. Perlas-Bernabe per Special Order No. 1885
dated November 24, 2014.
1
 Rollo, pp 74-79; penned by Associate Justice El vi John S. Asuncion, with the
concurrence of Associate Justice Jose Catral Mendoza (now a Member of this
Court) and Associate Justice Sesinando E. Villon.
2
 Id. at 29-35; penned by Presiding Judge Amalia F. Dy.
3
 Id. at 75-76.
4
 Id. at 35.
5
 Id. at 79.
6
 Id. at 90.
7
 Serrano v. People, G.R. No. 175023, July 5, 2010, 623 SCRA 322, 339.
8
 Mahawan v. People, G.R. No. 176609, December 18, 2008, 574 SCRA 737;
Rivera v. People, G.R. No. 166326, January 25, 2006, 480 SCRA 188, 196.

5
9
 Rivera v. People, supra at 197, citing People v. Delim, G.R. No. 142773, January
28, 2003, 396 SCRA 386, 400.
10
 Serrano v. People, supra note 7, at 335-336.
11
 Cabildo v. People, G.R. No. 189971, August 23, 2010, 628 SCRA 602, 609.
12
 Supra note 3.
13
 Section 1. Hereafter, in imposing a prison sentence for an offense punished by
the Revised Penal Code, or its amendments, the court shall sentence the accused
to an indeterminate sentence the maximum term of which shall be that which, in
view of the attending circumstances, could be properly imposed under the rules of
the said Code, and the minimum which shall be within the range of the penalty
next lower to that prescribed by the Code for the offense; and if the offense is
punished by any other law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same.
14
 Article 50. Penalty to be imposed upon principals of a frustrated crime. — The
penalty next lower in degree than that prescribed by law for the consummated
felony shall be imposed upon the principal in a frustrated felony.
15
 Supra note 3.
16
 G.R. No. 206236, July 15, 2013, 701 SCRA 229.
17
 Id. at 239-240 (the bold underscoring is part of the original text).
18
 Article 2217, Civil Code.
19
 Article 2219. Moral damages may be recovered in the following and analogous
cases:

xxxx

(1) A criminal offense resulting in physical injuries;

xxxx
20
 Nacario v. People, G.R. No. 173106, September 30, 2008, 567 SCRA 262, 268;
Angeles v. People, G.R. No. 172744, September 29, 2008, G.R. No. 172744, 567
SCRA 20, 30; Adame v. Court of Appeals, G.R. No. 139830, November 21, 2002,
392 SCRA 305, 316.
21
 Flores v. People, G.R. No. 181625, October 2, 2009, 602 SCRA 611, 626.