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    Velasco Vs People

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    Sam Maulana
    Velasco fired multiple shots at Frederick Maramba while he was washing his jeep, hitting him in the upper arm. Witnesses positively identified Velasco as the shooter. [Velasco] claimed he was elsewhere at the time of the shooting. The court found Velasco guilty of attempted murder, citing the positive identification, the physical possibility that Velasco could have been at the scene, and that lack of motive is not required for conviction. The sudden attack and Maramba having no ability to defend himself showed treachery. Velasco's actions met the elements of attempted murder even though Maramba survived due to poor aim and his ability to flee.

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    Velasco Vs People

    Uploaded by

    Sam Maulana
    422 views2 pages
    Velasco fired multiple shots at Frederick Maramba while he was washing his jeep, hitting him in the upper arm. Witnesses positively identified Velasco as the shooter. [Velasco] claimed he was elsewhere at the time of the shooting. The court found Velasco guilty of attempted murder, citing the positive identification, the physical possibility that Velasco could have been at the scene, and that lack of motive is not required for conviction. The sudden attack and Maramba having no ability to defend himself showed treachery. Velasco's actions met the elements of attempted murder even though Maramba survived due to poor aim and his ability to flee.

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    Velasco vs People

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    Velasco fired multiple shots at Frederick Maramba while he was washing his jeep, hitting him in the upper arm. Witnesses positively identified Velasco as the shooter. [Velasco] claimed he was elsewhere at the time of the shooting. The court found Velasco guilty of attempted murder, citing the positive identification, the physical possibility that Velasco could have been at the scene, and that lack of motive is not required for conviction. The sudden attack and Maramba having no ability to defend himself showed treachery. Velasco's actions met the elements of attempted murder even though Maramba survived due to poor aim and his ability to flee.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    422 views2 pages

    Velasco Vs People

    Uploaded by

    Sam Maulana
    Velasco fired multiple shots at Frederick Maramba while he was washing his jeep, hitting him in the upper arm. Witnesses positively identified Velasco as the shooter. [Velasco] claimed he was elsewhere at the time of the shooting. The court found Velasco guilty of attempted murder, citing the positive identification, the physical possibility that Velasco could have been at the scene, and that lack of motive is not required for conviction. The sudden attack and Maramba having no ability to defend himself showed treachery. Velasco's actions met the elements of attempted murder even though Maramba survived due to poor aim and his ability to flee.

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    VELASCO VS PEOPLE

    Lessons Applicable: Attempted


    Laws Applicable: Art. 6
    FACTS:
    April 19, 1998 7:30 am: Frederick Maramba was cleaning and washing his owner type jeep in
    front of his house when a motorized tricycle stopped near him. Rodolfo C. Velasco dashed out of
    the tricycle, approached the complainant and fired at him several times with a .45 caliber pistol.
    Velasco missed his first shot but the second one hit the complainant at the upper arm, causing
    him to stumble on the ground. But, Frederick stood up and ran, while Velasco fired 6 more but
    missed.
    After being reported as wearing a vest or a chaleco, the police, composed of SPO4 Romulo
    Villamil, PO3 Rolando Alvendo, and SPO1 Soliven pursued and caught Velasco who was on
    board a motorized tricycle to the highway going to Barangay Banaoang in Calasiao town with a
    firearm protruding from the waistline
    Velascos Alibi: April 18, 1998, he spent the night at a friends house in Lingayen, Pangasinan
    and between 6:00-7:00am, he left Lingayen riding in the Volkswagen car of Berting Soriano then
    alighted at the corner of Banaoang diversion road to ride a tricycle where he heard a jeep behind
    him blowing its horn and when he looked back he saw three men on board pointing their guns at
    him.
    RTC: guilty of attempted murder appreciating treachery in the commission of the crime
    sentenced to suffer the indeterminate penalty of Four (4) years of prision correccional, as
    minimum to Eight (8) years and One (1) day of prision mayor, as maximum and to pay P2,696 as
    actual damages
    CA: Affirmed RTC
    Velasco filed a petition for certiorari
    o he had no motive to harm, much less kill, the victim for he was total stranger and since the
    identity of the assailant is in doubt, motive becomes important and his alibi gains weight and
    value and that the testimony of Armando Maramba is not credible, he being a relative of the
    victim
    ISSUE: W/N Velasco is guilty of attempted murder
    HELD: YES. petition is DENIED
    it was not physically impossible for Velasco to be at the crime scene when the crime was
    committed since it only takes a 10-minute ride from the place where he allegedly alighted from
    the car of one Berting Soriano to the crime scene
    Even without a ballistic report, the positive identification by prosecution witnesses is more
    than sufficient to prove accuseds guilt beyond reasonable doubt.
    It must be stressed that motive is a state of (ones) mind which others cannot discern. It is not
    an element of the crime, and as such does not have to be proved. In fact, lack of motive for
    committing a crime does not preclude conviction. It is judicial knowledge that persons have been
    killed or assaulted for no reason at all. Even in the absence of a known motive, the time-honored

    rule is that motive is not essential to convict when there is no doubt as to the identity of the
    culprit. Motive assumes significance only where there is no showing of who the perpetrator of
    the crime was.
    o since petitioner has been positively identified the lack of motive is no longer of consequence
    relationship could strengthen the witnesses credibility, for it is unnatural for an aggrieved
    relative to falsely accuse someone other than the actual culprit
    The fact that the shooting occurred in broad daylight does not render its commission
    impossible. The fact that petitioner was a navy man, a protector of the people, does not mean
    that he is innocent of the crime charged or that he is incapable of doing it.
    The suddenness of the shooting and the fact that he was unarmed left private complainant
    with no option but to run for his life. treachery
    Having commenced the criminal act by overt acts but failing to perform all acts of execution
    as to produce the felony by reason of some cause other than his own desistance, petitioner
    committed an attempted felony. Petitioner already commenced his attack with a manifest intent
    to kill by shooting private complainant seven times, but failed to perform all the acts of
    execution by reason of causes independent of his will, that is, poor aim and the swiftness of the
    latter. Private complainant sustained a wound on the left arm that is not sufficient to cause his
    death. The settled rule is that where the wound inflicted on the victim is not sufficient to cause
    his death, the crime is only attempted murder, since the accused did not perform all the acts of
    execution that would have brought about death
    Applying the Indeterminate Sentence Law, and there being no aggravating or mitigating
    circumstances, the minimum of the penalty to be imposed should be within the range of prision
    correccional, and the maximum of the penalty to be imposed should be within the range of
    prision mayor in its medium period.

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