CASE DIGEST

RAMIE VALENZUELA V PEOPLE OF THE PHILIPPINES

GR NO. 149988, August 14, 2009
Bron, J.:


FACTS :

On February 20, 1996, the Petitioner and his brother, Hermi Valenzuela, armed with a bladed
instrument attacked Gregorio P. Cruz inflicting upon him two (2) stab wounds at the back. The wounds
were found to be non-fatal and the timely medical attendance prevented the death of the victim.

The Regional Trial Court of Lingayen, Pangasinan held the petitioner guilty of Frustrated Murder.

Subsequently, the Court of Appeals affirmed the decision of the RTC with modification, ruling
that the crime committed was Attempted Murder.

Hence, a petition for Review on Certiorari was filed before the Supreme Court.

ISSUE :

Whether or not the crime the petitioner committed should be Attempted Murder based on the
qualifying circumstance of abuse of superior strength.

RULING :

NO. The Court ruled out the attendance of abuse of superior strength as a qualifying
circumstance in consideration of the facts that the wounds sustained by the victim were not fatal and
the absence of a showing that the wounds would have certainly caused his death if not for the timely
medical assistance.

Hence, the Court granted the petition and the Decision of the Court of Appeals affirmed with
modification from Attempted Murder to Attempted Homicide.



Prepared by:

Winstoney Mazo