416 Phil. 544
KAPUNAN, J.:
CRIMINAL CASE NO. U-9275
That on or about February 18, 1997 in the evening at Brgy. Cauringan, Municipality of Sison, Province of Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused armed with a dagger with intent to kill, treachery, evident premeditation and taking advantage of superior strength, conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously attack and stab WILLIAM CAMPOS inflicting upon him the following injuries:
- wound, stabbed, 2 cms., subcostal area, AAL. (L) penetrating, non-perforating:
- wound, stabbed, 2 cm., 7th ICS, parasternal area, (L) non-penetrating;
- wound, stabbed, 1 cm. deltoid (L);
- wound, stabbed, 1 cm., (elbow [L]).
the accused having thus performed all the acts of execution which would have produced the crime of Murder as a consequence but, which nevertheless, did not produce it by reason of causes independent of the will of the accused and that is due to the timely and able medical assistance rendered to said William Campos which prevented his death to his damage and prejudice.[1]
CRIMINAL CASE NO. U-9276
That on or about February 18, 1997 in the evening at Barangay Cauringan, Municipality of Sison, Province of Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a dagger with intent to kill, did then and there willfully, unlawfully and feloniously stab DOMINADOR CAMPOS inflicting upon him the following injuries:
- wound stabbed, 2 cm., 3rd ICS, manl. (L), penetrating:
- Moderate pneumothorax:
- Minimal Hemothorax:
the accused having thus performed all the acts of execution which would have produced the crime of HOMICIDE as a consequence but which nevertheless, did not produce it by reason of causes of independent to the will of the accused and that is due to the timely and able medical attendance rendered to said Dominador Campos to his damage and prejudice.[2]
WHEREFORE, pursuant to Art. 249 in relation to Art. 6 this Court finds Jesus Salvatierra, Sr. and Jesus Salvatierra, Jr. guilty beyond reasonable doubt of the crime of Frustrated Homicide and hereby sentences them, pursuant to Art. 249 in relation to Art. 50 of the Revised Penal Code, to suffer an imprisonment of the medium period of prision mayor ranging from 8 years and 8 days to 10 years. Considering the provisions of the Indeterminate Sentence Law, the court goes one degree lower to determine the minimum which according to Reyes in his Appendix B (sic), Table of Penalties, is prision mayor in its minimum period. WHEREFORE, the accused are adjudged to suffer an imprisonment of 7 years and 4 months of prision mayor as maximum, to the benefit of their preventive imprisonment and to pay jointly and severally the private complainant William Campos and the civil liability of P25,000 with costs. There being a serious doubt as to the participation of Alfredo Bedar, who arrived late, the court acquits him with costs de oficio. Since the other accused Salvatierra, Jr. at the time of the commission of the offense, pursuant to Arts. 192, P.D. 603 as amended the judgment with respect to said minor "will be suspended upon application of the youthful offender and if it finds that the best interest of the public as well as that of the offender will be served thereby, and commit such minor to the custody or care of the Department of Social Welfare, or to any training institutions operated by the government or duly licensed agencies or any other responsible person until he shall have reached the age of twenty-one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of Social Welfare or the agency or responsible individual under whose care he has been committed.[21]
WHEREFORE, the Court opines that the prosecution was able to prove the guilt of the accused beyond reasonable doubt. The court hereby convicts the accused Jesus Salvatierra, Sr. of the crime of Frustrated Homicide and pursuant to Art. 249 in relation to Art. 6 and Article 50 of the Revised Penal Code, to suffer an imprisonment of the medium period of prision mayor ranging 8 years and 1 day to 10 years. Taking into consideration the provisions of the Indeterminate Sentence Law, the court goes one degree lower to determine the minimum, which according to Reyes in his Table of Penalties, Appendix B (sic), is prision mayor in its minimum period. WHEREFORE, the court sentences the accused to suffer an imprisonment of 7 years and 4 months of prision mayor in its minimum to 9 years and 4 months of prision mayor as maximum, to the benefit of his preventive imprisonment and to pay the civil liability to private complainant Dominador Campos P25,000 with costs.
WHEREFORE, the appealed decision is AFFIRMED, with the modification that (a) appellant JESUS SALVATIERRA, SR. who is found guilty beyond reasonable doubt as principal in two (2) counts of frustrated murder, is hereby sentenced to an indeterminate penalty of Four (4) years and Two (2) Months of prision correccional, as minimum, to Nine (9) Years and Four (4) Months of prision mayor, as maximum; (b) while JESUS SALVATIERRA, JR., who is found guilty beyond reasonable doubt as co-principal in one (1) count of frustrated homicide, is hereby sentenced to an indeterminate penalty of four (4) months of arresto mayor, as minimum, to four (4) years, two (2) months of prision correccional, as maximum. The sum of P25,000.00 each awarded to complainants: WILLIAM CAMPOS and DOMINADOR CAMPOS is DELETED. All other aspects of the appealed decision stay. No costs.
SO ORDERED.[23]
1. THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE CONVICTION OF THE PETITIONERS BY GIVING FULL CREDENCE TO THE TESTIMONY OF PROSECUTION WITNESSES WILLIAM CAMPOS AND DOMINADOR CAMPOS.
2. THE HONORABLE COURT OF APPEALS ERRED IN FINDING THE PETITIONERS GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF FRUSTRATED HOMICIDE.
3. THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN FINDING THAT A CONSPIRACY EXISTED BETWEEN THE ACCUSED.[24]
Q Do you recall where were you in the night of February 18, 1997? A Yes sir. Q Where were you on that date and time? A I was in the place of my work. Q At what time were you in the place of your work? A Up to 9:00 o'clock in the evening. Q What are you doing at the place at that time, Mr. Witness? A I just finished working overtime. Q And what time did you leave your place of work on the night of February 18, 1997? A Past 10:00 o'clock in the evening. x x x. PROS. MORENO, JR.Q Do you know the person who was calling for you? WITNESS A Yes sir. Q Who was that person who was calling for you on that night of February 18, 1997? A Jesus Salvatierra, Sr. Q Where was he when he was calling for you? A At the south of a nipa hut. Q And what did you do when Jesus Salvatierra, Sr. was uttering in anger against you and was calling for you? A I told him that I did not stone his dog. Q When you answered that you did not stone the dog of Jesus Salvatierra what happened next if any? A I continued to walk home. Q When you continued to walk home was there anything that transpired next, Mr. Witness? A Jesus Salvatierra, Sr. told me something. Q What did Jesus Salvatierra, Sr. tell you? A He told me he was going to tell me something. Q And what did you do when Jesus Salvatierra Sr. told that he had to say something? A I approached him. Q And what happened when you approached him? A He suddenly pointed the flashlight on my face. Q What happened next, Mr. Witness? A Suddenly somebody held my arm. Q Who was that person who held your arm? A Jesus Salvatierra, Jr. Q And how did Jesus Salvatierra, Jr. hold your arm? A He held like this. Q Will you demonstrate. Will you stand up and demonstrate how Jesus Salvatierra, Jr. held your arm? A (The witness demonstrated how Jesus Salvatierra, Jr. held his left arm and folded it towards his back while Alfredo Bedar also held his right arm and folded towards his back). Q While Jesus Salvatierra, Jr. was holding your arm twisted at the back and Alfredo Bedar was also holding your right arm and place at the back, what happened next, Mr. Witness? A Jesus Salvatierra, Sr. came near me. PROS. MORENO JR. Q And when he came near you what happened next, Mr. Witness? A Jesus Salvatierra, Sr. stabbed my left side of my stomach. Q Will you stand up again Mr. Witness and demonstrate how Jesus Salvatierra, Sr. stabbed you with a dagger in your stomach? A (The witness demonstrated how Jesus Salvatierra Sr. thrust a knife towards the victim at the left side of the stomach). Q Now, Mr. Witness, will you kindly show us the part of your body that was hit when Jesus Salvatierra, Sr. stabbed you? A (Witness showed a scar at the left side of his waist which is about three [3] inches in length crosswise his waistline). Q After Jesus Salvatierra, Sr. stabbed you on your left lower part of your stomach left side of your waistline, what happened next, Mr. Witness? After you were stabbed by Jesus Salvatierra, Sr. on the left side, what happened next after Jesus Salvatierra, Sr. stabbed you on the left side with a dagger? A He again stabbed me on the (sic) below of my (sic) chest on the left side of my body. Q Will you stand up again Mr. Witness and show us the part of your body that was stabbed by Jesus Salvatierra Sr. for the second time? A (The witness pointed to a scar on his left breast obliquely below the nipple which is about one [1] inch in length.) COURT Left breast obliquely below the left nipple. PROS. MORENO JR. Yes. Q What did you do when Jesus Salvatierra, Sr. stabbed you for the second time? WITNESS A I cried for help. Q And how did you cry for help? A I cried out 'help me my brothers and my father'. (Arayaten da ak kakabsat ko, amang ko.) Q And after you cried for help, what happened next, Mr. Witness? A I did not know anything anymore because I became weak.[31]
Q Why were you not able to reach the farm where you tied your cow, Mr. witness? A I heard a man shouting for help. Q Where did you hear the shouts coming from? A In the field. Q And what did you do when you heard shouts? A I ran towards the place where I heard the shouts. Q And what did you find when you went to the place where you heard the shouts, Mr. Witness? A I saw Jesus Salvatierra, Jr. and Alfredo Bedar and they were running towards their nipa hut. Q And what did you do when you saw Jesus Salvatierra, Jr. and Alfredo Bedar running towards the nipa hut of Jesus Salvatierra, Sr.? A I went towards my younger brother. Q What is the name of your younger brother? A William Campos. Q What was the condition of your brother when you went near him? A He was lying on the ground and his body is bloodied. Q What did you do when you saw your brother William Campos lying on the ground with blood? A Nothing. Q And what happened next when you went near to your brother William Campos who was lying on the ground? A Suddenly Salvatierra, Sr. threatened to hit me with a spading fork. Q What did you do when Jesus Salvatierra, Sr. threatened to hit you with a spading fork? A I dived him and tried to grab the spading fork. Q When you dived on Jesus Salvatierra Sr. were you able to grab the spading fork from his possession? A No sir. PROS. MORENO, JR. Q What happened next after you were not able to grab the spading fork from the possession of Jesus Salvatierra, Sr.? WITNESS A We struggled against each other. Q While you were struggling against each other what else happened, Mr. Witness? A He dropped the spading fork. Q And when Salvatierra, Sr. dropped the spading fork, what happened next, if any? A He stabbed me. Q And when you said Mr. Salvatierra, Sr. stabbed you what part of your body was hit? A My left armpit. Q Will you stand up Mr. Witness and show us that part of your body that was hit when Jesus Salvatierra Sr. stabbed you? A (The witness showed his scar at the left armpit which is about 1-1/2 inches). ATTY. BAÑAGA The medical certificate will show it. PROS. MORENO, JR. Q What instrument was used by Jesus Salvatierra, Sr. in stabbing your left armpit? WITNESS A I did not notice the instrument in stabbing my left armpit. Q And when you were stabbed at the left armpit by the accused Jesus Salvatierra, Sr. what did you do? A I held his hand. Q And what happened next after you held the hands of Jesus Salvatierra, Sr. A My brother-in-law Bong Lomague arrived. Q What is the complete name of your brother-in-law Bong Lomague? A Ernesto Lomague. Q And when Ernesto Lomague arrived, what did he do if anything at all? A He got the knife from the hand of Salvatierra, Sr. Q And what else happened after Ernesto Lomague your brother-in-law took the knife from the hand of Salvatierra, Sr.? A My younger brother Alfredo Campos arrived. PROS. MORENO, JR. Q And what did your brother Alfredo Campos do when he arrived? WITNESS A He helped me get away from the place.[32]