FLORENTINO PADDAYUMAN, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.; G.R. 120344, January 23, 2002

 TOPIC: Effects of Belief.

 

Accused	Victim	Crime	SC Decision	Sentence
Florentino Paddayuman	Maximo Quilang	Attempted Homicide	GUILTY	six (6) months of arresto mayor, as minimum, to two (2) years, four (4) months and one (1) day of prision correccional, as maximum, and to pay his victim, Maximo Quilang, the sum of ₱3,688.20 as actual damages and ₱10,000.00 as moral damages.

 

FACTS:

1. Maximo Quilang narrated that on the eve of March 15, 1991, he went to the house of his uncle, Casimiro Paddayuman, in Cagayan, to help in the preparation of the wedding of the latter's son the next day.

2. Maximo then had a drinking spree with Casimiro, Apolinario Dassil and accused Florentino Paddayuman Maximo admonished the accused not to drink too much. Annoyed, the latter left the drinking session

3. At around 12:00 o'clock midnight of the same day, Maximo also left and went to his house. But while on his way home, the accused stabbed Maximo at the left side of his body. The victim asked the accused, "Why did you stab me?", to which the accused replied, "I will really kill you." At this point, the accused again stabbed Maximo at his breast and left, believing his victim was dying.

4. Feeling weak, Maximo shouted for help. Apolinario Dassil was on his way home when he heard a cry for help. Apolinario saw his uncle, Maximo, bathed in his own blood. Apolinario immediately brought Maximo in a tricycle to the Cagayan Valley Regional Hospital in Tuguegarao.

5. RTC found accused Florentino Paddayuman guilty beyond reasonable doubt of the crime of Attempted Homicide, there being no evidence showing that the stab wounds inflicted on Maximo could cause death had it not for the timely medical attendance.

6. CA affirmed RTC’s decision. Hence, this petition.

 

ISSUE:

W/N petitioner is entitled to be acquitted from the charge of attempted homicide.

 

RULING:

NO. Petitioner is guilty of attempted homicide.

Petitioner’s contention of self-defense is untenable. Petitioner testified that Maximo set fire on his granary and that when he tried to stop him, the latter reached for something from the back pockets of his pants. Petitioner surmised that Maximo was trying to get a weapon which prompted him to stab Maximo at the left side of his body. Maximo then drew a knife and attempted to lunge it at petitioner, but the latter was able to stab the former again, hitting him on the chest.

Petitioner’s story was properly rejected by both the trial court and the Court of Appeals because, aside from being incredible, he failed to establish by strong and convincing evidence that a fire broke out in his granary that night. There can be no self-defense, complete or incomplete, unless the victim has committed unlawful aggression against the person defending himself.

Under Article 6 of the Revised Penal Code, there is an attempt when the offender commences the commission of a felony directly by overt acts but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Petitioner stabbed the victim twice on the chest, which is indicative of intent to kill.  Petitioner left, believing the Maximo was dying. However, Dr. Pintucan did not categorically state whether the wounds were fatal. Circumstances which qualify criminal responsibility must be based on facts of unquestionable existence. In the case at bar, the uncertainty on the nature of the wounds merits the appreciation of a lesser gravity of the crime committed as this is in accordance with the rule of lenity that all doubts should be resolved in favor of the accused. Thus, in People v. Pilones, the Court held that even if the victim was wounded but the injury was not fatal and could not cause his death, the crime would only be attempted.

Furthermore, the crime is attempted homicide because the qualifying circumstances of evident premeditation and treachery, as alleged in the Information, were not proven by the prosecution.