Rivera v People of the Philippines

G.R. No. 166326 | January 25, 2006

Facts
On May 2, 1998, the victim, Ruben Riodil, and one of the petitioners, Edgardo Rivera, got into a
heated argument when Edgardo mocked Ruben for being jobless and dependent with his wife.
The following day, Rioldil, while carrying his three-year-old child, was attacked by the
petitioners. He was boxed, hit with a hollow block three times at the back of his head, and
stoned before the policemen arrived on the scene. Ruben was brought to the hospital and
sustained injuries.
Issue
Whether or not the crime committed is attempted homicide.

Ruling
No, the crime committed is not attempted homicide.
According to Article 6 of the Revised Penal Code, there is an attempt to commit a felony 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.
In this case, the crime committed is not attempted homicide because the attack was
treacherous. When the petitioners were mauling over Ruben with fist blows, hitting him three
times with a hollow block in the parietal area, and throwing his back with a stone, there was a
clear intent to kill due to the nature, location, and the number of wounds the victim sustained.
Furthermore, there was a motive for doing so. Had the hollow block directly hit Ruben squarely
on the head, it would’ve cost his death, according to the attending physician of the victim.
Therefore, considering all the elements present, the crime committed was attempted murder.