CASE DIGEST: Serrano v. People, GR No. 175023

Title: Serrano v. People, GR No. 175023

Subject Matter: Applications of the provisions of Article 6 of the Revised Penal Code; Stages of felonies

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.

CASE DIGEST: Valenzuela v. People, GR No. 160188

Title: Valenzuela v. People, GR No. 160188

Subject Matter: Applications of the provisions of Article 6 of the Revised Penal Code; Stages of theft

Facts:

While a security guard was manning his post the open parking area of a supermarket, he saw the accused, Aristotel Valenzuela, hauling a push cart loaded with cases of detergent and unloaded them where his co-accused, Jovy Calderon, was waiting. Valenzuela then returned inside the supermarket, and later emerged with more cartons of detergent. Thereafter, Valenzuela hailed a taxi and started loading the boxes of detergent inside. As the taxi was about to leave the security guard asked Valenzuela for the receipt of the merchandise. The accused reacted by fleeing on foot, but were subsequently apprehended at the scene. The trial court convicted both Valenzuela and Calderon of the crime of consummated theft. Valenzuela appealed before the Court of Appeals, arguing that he should only be convicted of frustrated theft since he was not able to freely dispose of the articles stolen. The CA affirmed the trial court’s decision, thus the Petition for Review was filed before the Supreme Court.

Issue:

Whether or not petitioner Valenzuela is guilty of frustrated theft.

Held:

No. Article 6 of the RPC provides that a felony is consummated when all the elements necessary for its execution and accomplishment are present. In the crime of theft, the following elements should be present – (1) that there be taking of personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the owner; and (5) that the taking be accomplished without the use of violence against or intimidating of persons or force upon things. The court held that theft is produced when there is deprivation of personal property by one with intent to gain. Thus, it is immaterial that the offender is able or unable to freely dispose the property stolen since he has already committed all the acts of execution and the deprivation from the owner has already ensued from such acts. Therefore, theft cannot have a frustrated stage, and can only be attempted or consummated.