SECOND DIVISION
G.R. No. 197731, July 06, 2015
HERMIE OLARTE Y TARUG, AND RUBEN OLAVARIO Y MAUNAO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.
R E S O L U T I O N
DEL CASTILLO, J.:
Petitioners Hermie Olarte y Tarug (Olarte) and Ruben Olavario y Maunao (Olavario), together with Salvador Pasquin y Marco (Pasquin), were charged with the crime of frustrated homicide in an Information that reads as follows:
That on or about September 15, 2002 in Valenzuela City and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together and mutually helping one another, without any justifiable cause and with deliberate intent to kill, did then and there willfully, unlawfully and feloniously stab one EUGENE VILLOSTAS y MARTINEZ, thus performing all the acts of execution which would constitute the crime of Homicide as a consequence but which nevertheless, did not produce it by reason or causes independent of the will of the herein accused, that is, due to the timely, able and efficient medical attendance rendered to the victim.All the three accused posted2 bail. But since Pasquin jumped bail, only petitioners were arraigned on June 25, 2003 where they pleaded not guilty to the crime charged.3 Trial thereafter ensued.
CONTRARY TO LAW.1ChanRoblesVirtualawlibrary
Multiple Stab WoundAccording to him, all these wounds could have caused Villostas' death were it not for the timely medical attention given him.5
5cm 4th ICS anterior axillary, left 3.5 cm 5th ICS
5 cm curvilinear subcostal mid axillary, right
2cm anterior shoulder, left
4cm anterior shoulder, left4ChanRoblesVirtualawlibrary
WHEREFORE, judgment is hereby rendered finding Hermie Olarte y Tarug and Ruben Olavario y Maunao guilty beyond reasonable doubt as PRINCIPALS [in] the crime of FRUSTRATED HOMICIDE and [are] hereby sentenced x x x to suffer an imprisonment of two (2) years, 4 (four) months and one (1) day of prision correccional as minimum to eight (8) years and one (1) day of prision mayor medium as maximum. They are also ordered to pay jointly and solidarity the victim Eugene Villostas y Martinez the amount of Php22,462.05 for medical expenses as actual damages, Php20,000.00 as moral damages and costs of suit.Petitioners filed a Notice of Appeal8 which was granted by the RTC in its Order9 of May 13, 2009.
Since x x x accused Salvador Pasquin Marco has not yet been arrested and arraigned despite the issuance of order of arrest on November 8, 2002, let an alias warrant of arrest be issued against said accused Salvador Pasquin y Marco. Meantime, let the case against him be archived to be retrieved as soon as he is arrested.
SO ORDERED.7ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the April 27, 2009 Decision of the Regional Trial Court of Valenzuela City, Branch 172, in Criminal Case No. 759-V-02, convicting the [petitioners] of the crime of Frustrated Homicide is AFFIRMED.Petitioners' Motion for Reconsideration13 was likewise denied in a Resolution14 dated July 13, 2011.
SO ORDERED.12ChanRoblesVirtualawlibrary
THE TRIAL COURT ERRED IN NOT ACQUITTING PETITIONERS OF THE CRIME OF FRUSTRATED HOMICIDE.Petitioners insist that the testimonies of Villostas and Penilla are devoid of credibility as they contain several inconsistencies. These inconsistencies rendered doubtful the said witnessess' identification of petitioners as the assailants. Petitioners also point out that they themselves went to the authorities to report the incident. This, according to them, negates their involvement in the crime because had they been the real perpetrators, they would not dare report the matter to the authorities. Moreover, they contend that the lower courts failed to properly appreciate the testimony of one Rodel Roque who categorically stated on the witness stand that he saw Villostas being stabbed by only one person and that person was neither of the petitioners. In view of these, petitioners pray that the assailed CA Decision be reversed and set aside and that they be acquitted of the crime charged.
THE TRIAL COURT ERRED IN FAILING TO APPRECIATE THE EVIDENCE ON [RECORD] THAT NEITHER OF THE PETITIONERS WAS THE AUTHOR OF THE CRIME.16ChanRoblesVirtualawlibrary
Pursuant to Section 3, Rule 122, and Section 9, Rule 45, of the Rules of Court, the review on appeal of a decision in a criminal case, wherein the CA imposes a penalty other than death, reclusion perpetua, or life imprisonment, is by petition for review on certiorari.Here, the assigned errors, requiring as they do a re-appreciation and re-examination of the trial evidence, are evidentiary and factual in nature.19 The petition must therefore be denied on this basis because "one, the petition for review thereby violates the limitation of the issues to only legal questions, and, two, the Court, not being a trier of facts, will not disturb the factual findings of the CA, unless they were mistaken, absurd, speculative, conflicting, tainted with grave abuse of discretion, or contrary to the findings reached by the court of origin,"20 which was not shown to be the case here.
A petition for review on certiorari raises only questions of law. Sec. 1, Rule 45, Rules of Court, explicitly so provides, viz[.]:Section 1. Filing of petition with Supreme Court. - A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law. may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.18ChanRoblesVirtualawlibrary
Endnotes:
* Per Special Order No. 2088 dated July 1, 2015.
** Per Special Order No. 2079 dated June 29, 2015.
*** Per Special Order No. 2087 (Revised) dated July 1, 2015.
1 Records, p. 1; the case was docketed as Criminal Case No. 759-V-02.
2 Id. at 6, 20, and 37.
3 Id. at 59.
4 TSN dated September 17, 2004, pp. 11-20
5 Id.
6 Id. at 152-158; penned by Presiding Judge Nancy Rivas-Palmones.
7 Id. at 158.
8 Id. at 161.
9 Id. at 165.
10 The appeal before the CA was docketed as CA-G.R. CR No. 32640.
11 CA rollo, id. at 170-184; penned by Associate Justice Mariflor P. Punzalan-Castillo and concurred in by Associate Justices Josefina Guevara-Salonga and Franchito N. Diamante.
12 Id. at 183.
13 Id. at 186-201.
14 Id. at 212-213.
15Rollo, pp. 3-35.
16 Id. at 11.
17 623 Phil. 246 (2009).
18 Id. at 254; citations omitted, emphasis and italics in the original.
19 Id. at 255.
20 Id.
21Josue v. People, G.R. No. 199579, December 10, 2012, 687 SCRA 675, 682.
22 TSN dated September 17, 2004, pp. 14-18.
23People v. Martin, 588 Phil. 355, 365 (2008).
24Abella v. People, G.R. No. 198400, October 7, 2013, 706 SCRA 781, 796-797.
25 Id. at 797.