Rivera vs.

People

Facts:

That on May 2, 1998, Ruben Rodil, together with her three-year old daughter, went to a nearby sari-sari
store to buy food and look for his wife. Subsequently, one Edgardo Rivera mocked him for being jobless
and dependent on his wife, creating exchange of profane words between the two. The next day,Rivera,
together with his two brothers, emerged again in the sari-sari store where Rodil was also present and
gave the latter fist blows and hit the victim three times with hollow blocks through the head.With the
help of the witnesses around the incident, there was a prompt response from local police that stopped
the incident and let the victim escape. Considering the statement of the attending doctor of Rodil, this
confirmed that there was “superficial lacerations on the parietal area”, hence, the trial court convicted
River brothers with the crime of frustrated murder.

Upon the petition, CA affirmed the trial court’s decision, however with modification, lowering the crime
to attempted murder. For the plaintiffs insists that intent to kill was not proven, thus, pleading for the
reduction of the crime to attempted homicide.

Issue:WON the crime committed by the petitioners is attempted murder or attempted homicide?

Ruling:

The Court held that the petitioners are still liable of the crime of attempted murder, for even if the head
wounds inflicted upon the victim was merely superficial and not mortal as to produce death, it does not
negate the criminal liability of the petitioners for attempted murder.

Under Article 6 of the RPC, attempt to commit a felony means that “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”.

With the case at bar, the petitioners intended to produce the felony, but because of the
policeintervention, it was prevented. However, it does not mean that they do not have intention to kill
thevictim.