Facts:

• Arnel Colinares was charged with frustrated homicide in the RTC of San Jose, Camarines Sur, in Criminal Case T-2213.
• The incident occurred on June 25, 2000, when Rufino P. Buena and Jesus Paulite went out to buy cigarettes.
• Jesus paused to urinate by the roadside while Rufino waited nearby.
• Arnel appeared and struck Rufino twice on the head with a large stone, rendering him unconscious.
• Ananias Jallores, a passerby, tried to assist but was also struck by Arnel.
• Paciano Alano witnessed the incident and sought help to bring Rufino to the hospital.
• Dr. Albert Belleza treated Rufino and testified that the injuries were serious but not fatal.
• Arnel claimed self-defense, alleging that Rufino and his drunk companions attacked him first.
• The RTC found Arnel guilty of frustrated homicide and sentenced him to 2 years and 4 months to 6 years and 1 day imprisonment.
• Arnel appealed to the CA, which upheld the RTC's decision but removed the award for lost income.
• Arnel petitioned the Supreme Court for review.

Issue:

• (Unlock)

Ruling:

1. The Supreme Court ruled that Arnel did not act in self-defense.
2. The Court found Arnel guilty of attempted homicide, not frustrated homicide.
3. The Court allowed Ar...(Unlock)

Ratio:

1. Self-Defense:

   • Arnel did not prove unlawful aggression, essential for self-defense.
   • His testimony lacked corroboration, and no medical evidence supported his injury claims.
   • Prosecution witnesses gave a more credible account, showing Arnel as the aggressor.

2. Frustrated vs. Attempted Homicide:

   • The wounds inflicted by Arnel were serious but not fatal.
   • Frustrated homicide requires proof of intent to kill, shown through the nature, location, and severity of wounds.
   • Medical evidence indicated Rufino's wounds were not fatal, leading to a conviction for attempted ...continue reading