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    Giovani Serrano Vs People of The Philippines - Hinanay

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    Kenon Joseph Hinanay
    1) Giovani Serrano was convicted by the Regional Trial Court of frustrated homicide for stabbing Anthony Galang during a fight between two groups. 2) The Court of Appeals modified the conviction to attempted homicide, finding a lack of evidence that the stab wound was fatal. 3) The Supreme Court affirmed the Court of Appeals' ruling of attempted homicide. It found that while Serrano intended to kill Galang by stabbing and beating him, the degree of the crime only reached attempted homicide and not frustrated homicide.

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    Giovani Serrano Vs People of The Philippines - Hinanay

    Uploaded by

    Kenon Joseph Hinanay
    65 views2 pages
    1) Giovani Serrano was convicted by the Regional Trial Court of frustrated homicide for stabbing Anthony Galang during a fight between two groups. 2) The Court of Appeals modified the conviction to attempted homicide, finding a lack of evidence that the stab wound was fatal. 3) The Supreme Court affirmed the Court of Appeals' ruling of attempted homicide. It found that while Serrano intended to kill Galang by stabbing and beating him, the degree of the crime only reached attempted homicide and not frustrated homicide.

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    Giovani Serrano vs People of The Philippines- Hinanay

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    1) Giovani Serrano was convicted by the Regional Trial Court of frustrated homicide for stabbing Anthony Galang during a fight between two groups. 2) The Court of Appeals modified the conviction to attempted homicide, finding a lack of evidence that the stab wound was fatal. 3) The Supreme Court affirmed the Court of Appeals' ruling of attempted homicide. It found that while Serrano intended to kill Galang by stabbing and beating him, the degree of the crime only reached attempted homicide and not frustrated homicide.

    Copyright:

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

    Giovani Serrano Vs People of The Philippines - Hinanay

    Uploaded by

    Kenon Joseph Hinanay
    1) Giovani Serrano was convicted by the Regional Trial Court of frustrated homicide for stabbing Anthony Galang during a fight between two groups. 2) The Court of Appeals modified the conviction to attempted homicide, finding a lack of evidence that the stab wound was fatal. 3) The Supreme Court affirmed the Court of Appeals' ruling of attempted homicide. It found that while Serrano intended to kill Galang by stabbing and beating him, the degree of the crime only reached attempted homicide and not frustrated homicide.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Hinanay, Kenon Joseph M.

    Giovani Serrano vs People of The Philippines


    G.R. No. 175023 July 5, 2010
    BRION, J.:
    Facts
    Around 9:30pm of March 8, 1999, the victim and his two friends, Arceo and Richard Tan came
    across Gener Serrano bother of the petitioner and his friends. The victim with his friends approached
    Gener to settle pervious quarrel with Roberto Comia. While Gener and the victim is talking Comia
    suddenly appeared hurled invectives at Gener. A fist fight between the two broke out. When Gener lost
    the fight, the petitioner sought to get back on the victim and his friends and a brawl between the two
    groups occurred. During the fist fight which was illuminated by two Meralco posts, the victim and Arceo
    saw the petitioner chase away their group with a knife. The victim was eventually left by his group to the
    group of the petitioner. The victim was then beaten by the group of the petitioner and was stabbed by the
    petitioner at the left side of his stomach. The victim was then beaten and stoned even after being stabbed
    until he fell on a creek where the group of the petitioner left him. The victim saw a portion of his intestine
    and seek for help. He was then brought to the UP infirmary, but was referred to East Avenue Medical
    Center.
    The investigation transpired. The victim positively identified the petitioner as the one who
    stabbed him. The Regional Trial Court found the petitioner guilty of Frustrated Homicide beyond
    reasonable doubt. The petitioner then came to Court of Appeals and the court of appeals modified the
    ruling of the RTC as it states

    1) Appellant is found GUILTY beyond reasonable doubt of the crime of ATTEMPTED HOMICIDE and
    sentenced to suffer the indeterminate penalty of imprisonment of SIX (6) MONTHS of arresto mayor as
    minimum to FOUR (4) YEARS and TWO (2) MONTHS of prision correccional, as maximum;

    2) The actual damages is REDUCED to ₱3,858.50; and

    3) The award of loss earnings is DELETED,

    The petitioner came to the Supreme Court to file a petition against the ruling of the RTC and CA.
    Claiming that the crime he committed must be downgraded to serious physical injury for he has no
    intention to kill the victim.

    Issue
    Whether the petitioner shall be convicted for frustrated homicide.
    Ruling

    No. the degree only reached the attempted homicide.

    In Palaganas v. People, the following distinctions between frustrated and attempted felony as follows:
    1.) In frustrated felony, the offender has performed all the acts of execution which should produce
    the felony as a consequence; whereas in attempted felony, the offender merely commences the
    commission of a felony directly by overt acts and does not perform all the acts of execution.

    2.) In frustrated felony, the reason for the non-accomplishment of the crime is some cause
    independent of the will of the perpetrator; on the other hand, in attempted felony, the reason for
    the non-fulfillment of the crime is a cause or accident other than the offender’s own spontaneous
    desistance.

    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. The CA observed that the
    attending physician did not testify in court. The CA also considered that the Medical Certificate and the
    Discharge Summary issued by the East Avenue Medical Center fell short of "specifying the nature or
    gravity of the wound. Contrary to the ruling of the RTC.
    In this case, the records show that the petitioner used a knife in his assault. The petitioner stabbed
    the victim in the abdomen while the latter was held by Gener and Orieta. Immediately after the stabbing,
    the petitioner, Gener and Orieta beat and stoned the victim until he fell into a creek. It was only then that
    the petitioner, Gener and Orieta left.
    Under these circumstances, the court was convinced that the petitioner, in stabbing, beating and
    stoning the victim, intended to kill him. Thus, the crime committed cannot be merely serious physical
    injuries.

    WHEREFORE, we hereby DENY the petition. The decision, dated July 20, 2006, of the Court
    of Appeals in CA-G.R. CR No. 29090, finding petitioner Giovani Serrano y Cervantes guilty beyond
    reasonable doubt of Attempted Homicide, is AFFIRMED with MODIFICATION. The petitioner is
    ORDERED to PAY the victim, Anthony Galang, the following amounts:

    (1) ₱25,000.00 as temperate damages; and

    (2) ₱10,000.00 as moral damages.

    Costs against the petitioner.

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