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Serrano v.

GR No. 175023. July 5, 2010.


A brawl involving 15 to 18 members of two rival groups resulted to the stabbing of Anthony Galang, the victim,
by the herein petitioner, Giovannie Serrano. During the rumble, the victim was stabbed at the left side of his
stomach and was beaten until he fell into a nearby creek. In his fallen position, Galang claimed that when he
inspected his stabbed wound, he saw a portion of his intestines showed. The victim received medical attention,
stayed in the hospital for one week and thereafter stayed home for one month to recuperate.

The RTC held that the crime committed reached the frustrated stage since the victim was stabbed on the left
side of his stomach and that the victim had to be referred from an infirmary to hospital for medical treatment.
On the other hand, the CA ruled that the crime committed only reached the attempted stage as there was lack
of evidence that the stab wound inflicted was fatal to cause the victim’s death. It was observed that the
attending physician did not testify in court and that the Medical Certificate and the Discharge Summary issued
by the hospital fell short of “specifying the nature or gravity of the wound”.


Whether or not the accused is guilty of attempted homicide instead of frustrated homicide.


Yes. The crucial point to consider is the nature of the wound inflicted which must be supported by independent
proof showing that the wound inflicted was sufficient to cause the victim’s death without timely medical
intervention. When nothing in the evidence shows that the wound would be fatal without medical intervention,
the character of the wound enters the realm of doubt; under this situation, the doubt created by the lack of
evidence should be resolved in favor of the petitioner. Thus, the crime committed should be attempted, not
frustrated homicide.
People v. T/Sgt. Angus, Jr.
GR No. 178778. August 3, 2010.


On the 10th of January 2002, Betty Angus, the wife of Porferio Angus Jr., was found dead inside a bunker of
Lanisi Patrol Base where the latter was stationed. The night before the incident, the couple were fighting over
an alleged mistress of Porferio. The morning after, companions of Porferio, Malaran and Carpio, found him
crying and embracing the dead body Betty, and saw a tubao in circular form hanging four feet from the ground.
Prior the visitation of Betty to the base, Betty told Angeles, her old friend, that she planned to commit suicide
because of the rumored cheating of her husband.

The trial court and CA declared Porferio guilty beyond reasonable doubt of parricide.


Whether or not Porferio is guilty of the crime of parricide


No. Porferio is not guilty of parricide. The Court is not satisfied that the circumstantial evidence in this case
constitutes an unbroken chain which leads to the conclusion that appellant, to the exclusion of all others, is
guilty of killing his wife. The trial court relied on the testimonies of Malaran and Carpio who heard the appellant
and his wife arguing about the latters illicit relationship with another woman, which supposedly proves motive
for him to commit the crime. However, granting that appellant and Betty had an argument on the night before
her death, it would be too much to presume that such an argument would drive appellant to kill his wife.
Clearly, the motive is not convincing. If at all, the testimonies of Malaran and Carpio merely show a suspicion
of appellants responsibility for the crime. Needless to state, however, suspicion no matter how strong can not
sway judgment.[36] In the absence of any other evidence reasonably linking appellant to the crime, evidence of
motive is not sufficient to convict him.[37]