[Murder]

Arnel Colinares v. People

G.R. No. 182748, December 13, 2011
Ponente: Justice Abad

Facts:
Accused Colinares charged with frustrated murder in CamSur. Complainant Rufino Buena testified that 7pm
6/25/2000, he and friend went out to buy smokes at nearby store. On the way, friend pissed by roadside, so he
waited. Then accused snuck behind and struck Rufino twice on the head with a huge stone 15.5inches diameter,
knocking him unconscious as friend ran away. A witness who was walking home testified seeing Rufino lying by the
roadside, tried to help but was struck with something hard on right temple, unconscious, learning later that accused
had hit him. Another witness testified seeing everything since he was smoking outside home. The doc said Rufino’s
wounds were potentially fatal. Accused claimed self-defense, saying he was walking home when he met Rufino,
friend, and witness all drunk. Rufino then allegedly asked where the Tigaon mayor was and then pushed accused,
fell. Friend and witness then allegedly boxed him on the back, and Rufino tries to stab him but missed. Friend also
tried to stab but missed, so accused hit witness with the stone, then fled. Voluntarily surrendered. Defense witness
said he and 3 attended a pre-wedding party and 3 were drunk, and on his way home, saw 3 heatedly arguing with
accused. RTC, guilty, affirmed.

Issue:
Whether or not accused was guilty.

Held:
Yes, but attempted only. Main element in attempted/frustrated homicide is intent to kill, must be proved clearly and
convincingly, often inferred from, inter alia, means offender used and nature, location, and number of wounds on
victim. Here, huge stone, blow so forceful that SC convinced of intent to kill. In such an instance as here, if wounds
not fatal, only attempted. Prosecution must establish certainly the nature, extent, depth, and severity of wounds to
escalate it to frustrated. Doc said “head injuries are always very serious” but could not categorically say wounds
were fatal (length of wound in certificate, no data on depth/abrasion). Lacerations on forehead, but no indication
skull fractured or internal bleeding. Wounds were not so deep, merely requiring suturing (no surgery), estimated
healing time of 7-8days, victim did not stay 24hours (required monitoring) in hospital. Taken in its entirety, there is a
dearth of medical evidence on record to support the prosecution’s claim that Rufino would have died without timely
medical intervention. Thus, the Court finds Arnel liable only for attempted homicide and entitled to the mitigating
circumstance of voluntary surrender.