In Gary Fantastico and Rolando Villanueva v. Elpidio Malicse, Sr. and People of the Philippines, the Supreme Court addressed the critical elements distinguishing attempted murder from the lesser crime of physical injuries. The Court affirmed the conviction of the petitioners for attempted murder, emphasizing the importance of intent to kill and the presence of qualifying circumstances like abuse of superior strength. This decision clarifies how courts assess intent in violent attacks, focusing on the nature of the assault, weapons used, and the circumstances surrounding the incident, offering significant guidance for determining criminal liability in similar cases.

The Axe, the Pipe, and the Drunken Brawl: Proving Intent in a Heated Family Feud

The case stemmed from a violent altercation on June 27, 1993, in Pandacan, Manila, involving Elpidio Malicse, Sr., and several members of the Iguiron family, including Gary Fantastico and Rolando Villanueva. The dispute began with verbal altercations and escalated into a physical assault where Elpidio was attacked with a rattan stick, a tomahawk axe, and a lead pipe. The prosecution argued that the coordinated attack demonstrated intent to kill, while the defense claimed that the injuries inflicted were not necessarily mortal, thus negating the element of intent required for attempted murder. The central legal question before the Supreme Court was whether the prosecution had sufficiently proven that Fantastico and Villanueva acted with intent to kill, thereby justifying their conviction for attempted murder.

The Revised Penal Code defines an attempt to commit a felony in Article 6, stating:

There is an attempt when the offender commences the commission of a felony directly by overt acts, and 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.

The essential elements of an attempted felony, as outlined by the Supreme Court, include: (1) the offender commences the commission of the felony directly by overt acts; (2) the offender does not perform all the acts of execution which should produce the felony; (3) the offender’s act is not stopped by his own spontaneous desistance; and (4) the non-performance of all acts of execution was due to a cause or accident other than his spontaneous desistance. The Court emphasized that an overt act must have a direct connection to the crime intended, representing a step in a direct movement towards the commission of the offense. In this case, the prosecution presented evidence that Fantastico struck Elpidio with a tomahawk axe, and Villanueva hit him with a lead pipe, which the Court considered overt acts directly related to the intent to cause serious harm or death.

The petitioners argued that the Information filed against them was defective because it included the phrase “not necessarily mortal,” suggesting a lack of intent to kill. However, the Supreme Court clarified that intent to kill could be inferred from the actions of the accused and the circumstances surrounding the attack. As the Court noted in Rivera v. People:

Intent to kill is a state of mind that the courts can discern only through external manifestations, i.e., acts and conduct of the accused at the time of the assault and immediately thereafter.

The Court considered several factors to determine the presence of an intent to kill, including the means used by the malefactors, the nature, location, and number of wounds sustained by the victim, the conduct of the malefactors before, at the time, or immediately after the killing of the victim, and the circumstances under which the crime was committed and the motives of the accused. Here, the use of weapons like a tomahawk axe and a lead pipe, coupled with the coordinated nature of the attack, supported the inference of intent to kill.

Furthermore, the Court noted that any objections to the sufficiency of the Information should have been raised before the accused entered their plea. Section 9, Rule 117 of the Rules of Court states:

SEC. 9. Failure to move to quash or to allege any ground therefor.- The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule.

Because the petitioners failed to challenge the Information before pleading, they waived their right to object to its alleged deficiencies. The Supreme Court affirmed the lower courts’ reliance on the testimony of Elpidio Malicse, Sr., positively identifying Fantastico and Villanueva as his assailants. The Court reiterated the principle that positive identification by a credible witness generally outweighs the accused’s denial and explanation. It’s a well-established rule that findings of fact by the trial court, especially when affirmed by the Court of Appeals, are accorded great respect due to the trial court’s unique position to observe the demeanor of witnesses.

The Court also addressed the issue of qualifying circumstances, specifically abuse of superior strength. While the Regional Trial Court (RTC) initially appreciated the presence of treachery, the Supreme Court disagreed, noting that the attack was spontaneous and not deliberately planned to ensure its execution without risk to the offenders. However, the Court upheld the RTC’s finding of abuse of superior strength, highlighting the inequality of forces between the armed attackers and the inebriated, unarmed victim. Abuse of superior strength exists when there is a notorious inequality of forces between the victim and the aggressor, and this advantage is purposely sought or taken advantage of by the assailant.

Finally, the Supreme Court corrected the penalty imposed by the lower courts. For attempted murder, the penalty should be two degrees lower than that prescribed for consummated murder. The Court modified the sentence to an indeterminate penalty of imprisonment from six (6) years of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. This adjustment ensures that the penalty aligns with the provisions of the Revised Penal Code and the Indeterminate Sentence Law.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution sufficiently proved that Gary Fantastico and Rolando Villanueva acted with intent to kill Elpidio Malicse, Sr., thereby justifying their conviction for attempted murder, despite their claim that the injuries inflicted were not necessarily mortal. The Court also considered whether abuse of superior strength was correctly appreciated as a qualifying circumstance.
What is attempted murder under Philippine law?	Attempted murder is defined as commencing the commission of murder directly by overt acts but failing to perform all the acts of execution due to some cause or accident other than the offender’s spontaneous desistance. The offender must have the intent to kill, and their actions must have a direct connection to the intended crime.
How does the court determine intent to kill?	The court determines intent to kill by considering external manifestations, such as the means used in the attack, the nature and location of wounds, the conduct of the accused during and after the assault, and the circumstances and motives surrounding the crime. The use of deadly weapons and the coordinated nature of the attack are strong indicators of intent to kill.
What is abuse of superior strength?	Abuse of superior strength is a qualifying circumstance that exists when there is a notorious inequality of forces between the victim and the aggressor, and this advantage is purposely sought or taken advantage of by the assailant in committing the crime. It depends on the age, size, and strength of the parties involved.
What was the Supreme Court’s ruling in this case?	The Supreme Court affirmed the conviction of Gary Fantastico and Rolando Villanueva for attempted murder but modified the penalty imposed by the lower courts to an indeterminate sentence of six (6) years of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. The Court also upheld the order to pay actual and moral damages.
Why was the initial penalty modified?	The initial penalty was modified because it did not correctly apply the provisions of the Revised Penal Code and the Indeterminate Sentence Law for attempted murder. The correct penalty should be two degrees lower than that prescribed for consummated murder, with the minimum term within the range of prision correccional and the maximum term within the range of prision mayor.
What happens if the Information is defective?	If the Information is defective, the accused must raise this issue in a motion to quash before entering a plea. Failure to do so constitutes a waiver of any objections, except for certain fundamental grounds such as lack of jurisdiction or failure to charge an offense.
Why is positive identification important in criminal cases?	Positive identification by a credible witness is crucial because it directly links the accused to the commission of the crime. Courts generally give greater weight to a witness’s clear and consistent identification of the accused than to the accused’s denial or alibi, unless there are strong reasons to doubt the witness’s credibility.

This case underscores the importance of proving intent in attempted murder cases and highlights the factors courts consider when assessing the circumstances of an attack. It also clarifies the application of penalties under the Revised Penal Code and the Indeterminate Sentence Law, ensuring that sentences are proportionate to the offense committed.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Gary Fantastico and Rolando Villanueva v. Elpidio Malicse, Sr. and People of the Philippines, G.R. No. 190912, January 12, 2015