People v. Pagador
G.R. No. 140006-10 April 20, 2001
Lessons Applicable: Murder, Physical Injuries, Attempter, Frustrated,
Laws Applicable: Art. 6
• Rolly Pagador, mere tricycle driver, and Nenita Mendez were sweethearts for more than 2 years. The spouses Herminigildo and Magdalena Mendez and their 7 children: Ricardo, the eldest and only son, Emily, married and Shirley, 10 years old, Nenita, Josephine, Marlyn and Rosalinda welcomed Rolly like a family allowing him to drop by their house anytime and spend the night with her or visit their household even at 1:00 o'clock or 2:00 o'clock in the morning.
• October 12, 1996 1:00 am: Nenita, Emily, Josephine and Rosalinda were awakened by shouts of their mother Magdalena shouting, "Aray ko! Aray ko!" thinking that it’s another bout of her perennial ailment. They were shocked to see Rolly kneeling and stabbing two handedly their mother’s back who was already slumped on the floor with her legs outstretched. Shirley was clutching her wounded stomach while lying on their mother's lap. Their father Herminigildo was sprawled motionless on the floor. The 4 sisters approached their mother in an attempt to repulse Rolly but he swung his bolo at them, cutting Emily's left index finger in the process. Emily rushed back to her room, picked up her sleeping child and jumped out of the window.
• Meanwhile, Nenita cried out "Rolly! Rolly!" but he swung his bolo in silent rage so she retreated from the room, also jumped out of the window and hid behind a tamarind tree. She then saw the Rolly passing by still wielding his bolo. Fearing that she would be discovered, she removed her white dress and crawled towards a group that was making charcoal who could not extend any assistance to her as they were too afraid.
• Rosalinda being the last one to leave her parents' room was chased by Rolly who violently pulled her hair causing her to fall down. Rolly sat astride on her stomach and furiously hacked and stabbed her. As he directed the bolo at her face, Rosalinda held the blade of the bolo and deflected the thrust to her left side. Rolly made several more thrusts with the bolo hitting her on the right ear, left breast, left upper portion of her arm and right thigh. To stop the murderous assault, she played dead which worked. Due to blood loss, she lowly lost consciousness.
• Shirley testified that she was awakened when she felt someone striking her on the stomach and other parts of the body. But she could not ascertain who was responsible for her wounds although she saw the accused wielding a bolo.
• Legal Necropsy Examination Report the following are the cause of death:
o Herminigildo Mendez - massive intra-thoracic hemorrhage from stab wounds on the chest, left shoulder, arm, nape, and other portions of his body
o Magdalena Mendez - massive bleeding inside the abdomen and the thoracic cavity
o Rosalinda Mendez – 14 hacked wounds on different parts of her body
o Emily Mendez - amputated index finger and lacerated wound on the 4th finger of the left hand
• Rolly’s Alibi: October 11, 1996, he had just finished his work as a tricycle driver when he decided to drop by the Mendez house. Herminigildo casually greeted him as was his habit and told him that Nenita was already asleep. He was taken aback by his remark since Nenita had been his fiancée for more than 2 years and her family was used to him visiting during ungodly hours. When he proceeded to Nenita’s room, Herminigildo blocked him and pushed him out of the house. Herminigildo then went in Nenita’s room and returned with a bolo and tried to hack him but he evaded. He then kicked the kerosene lamp and dashed towards the room of Herminigildo where the Magdalena was sleeping. When Magdalena awakened, he asked why Herminigildo was acting that way. But, before she could reply, Herminigildo barged into the room and hacked her believing she was Rolly. He grappled with Herminigildo and succeeded in getting the bolo. He hacked Herminigildo him causing him to face down. Seeing their father, the 4 sisters attacked him, kicking him and pulled his hair. When he noticed that Rosalinda was trying to take hold of the bolo, he wrested it from her and swung it never knowing whether anyone was hit. After the women took flight, he ran out in pursuit of Nenita but she was nowhere to be found. While detained at the municipal jail, he discovered that Herminigildo had already committed Nenita to marry a certain seaman which explains the hostile treatment he received.
o frustrated murder on 2 counts committed individually against Shirley and Rosalinda - reclusion temporal or 12 years and 1 day to 20 years
o frustrated murder against Emily Mendez-Castro - arresto mayor
o murder on two (2) counts committed individually against the spouses Herminigildo and Magdalena Mendez - death for each count
• Subject to automatic review
o Rolly contends his plea of self-defense with Herminigildo
o He did not intend to kill Emily and Rosalinda
o Shirley was wounded when he and Herminigildo struggled for the possession of the bolo and fought each other to death.
ISSUE: W/N the 3 frustrated murder for Emily, Rosalinda and Shirly is an error.
HELD: YES. RTC Modified.
• G. R. No. 140006 (Crim. Case No. 3284-A) Herminigildo Mendez - guilty of Homicide (instead of Murder as found by the trial court)
• G. R. No. 140007 (Crim. Case No. 3285-A) Magdalena Mendez - guilty of Murder (as likewise found by the trial court)
• G. R. No. 140008 (Crim. Case No. 3286-A) Shirley- Less Serious Physical Injuries (instead of Frustrated Murder as found by the trial court)
• G.R. No. 140009 (Crim. Case No. 3287-A) Rosalinda - Frustrated Murder
• G.R. No. 140010 (Crim. Case No. 3288-A, or CA-G.R. CR No. 23485, erroneously numbered G.R. NO. 143934) Emily - Serious Physical Injuries (instead of Frustrated Murder as found by the trial court)
• Self-defense as a justifying circumstance must fail where unlawful aggression on the part of the person injured or killed was not properly established.
o When Herminigildo Mendez barged into the room and accidentally struck his wife with a bolo, Rolly took possession of the weapon and hacked the deceased – no unlawful aggression existed
• autopsy report could not in any way be characterized as accidental
• Rosalinda: He stood up and left the crime scene on the belief that he had consummated his heinous act, not suspecting that Rosalinda was merely feigning death - the subjective phase had already been passed
• Subjective phase - portion of the acts constituting the crime included between the act which begins the consummation of the crime and the last act performed by the offender which, with the prior acts, should result in the consummated crime
o If between these two points the offender is stopped by reason of any cause outside of his voluntary resistance, the subjective phase has not been passed and it is an attempt.
• Objective phase - period occupied by the acts of the offender over which he has control that period between the point where he begins and the point where he voluntarily desists.
o If he is not so stopped but continues until he performs the last act, it is frustrated.
• The principal and essential element of attempted or frustrated homicide, or murder, is the intent to take the life of the person attacked. Such intent must be proved in a clear and evident manner to exclude every possible doubt as to the homicidal intent of the aggressor.
• When such intent is lacking but wounds were inflicted, the crime is not frustrated murder but physical injuries only
o Apparently, his purpose was merely to drive away the 4 sisters and dissuade them from attacking him.
Shirley’s wound would require medical attendance of more than 2 weeks or 14 days = less serious physical injuries
Emily - serious physical injuries
• Treachery cannot be appreciated because there is no showing whatsoever that he adopted a mode of attack to ensure his safety from any retaliatory act on the part of the offended party – No one saw the actual killing
o Herminigildo Mendez – homicide (NOT murder)
o Magdalena Mendez - repeatedly stabbed the unarmed victim who was all the time shielding and protecting her wounded child Shirley – murder
nighttime since the same is absorbed by treachery
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