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Roque V People Digest

The Supreme Court denied the petition of Rogelio Roque, who was convicted of frustrated homicide for shooting Reynaldo Marquez. The Court affirmed the conviction, finding that Roque's use of a deadly weapon like a gun aimed at Marquez's head showed clear intent to kill, regardless of the non-fatal injuries actually inflicted. While Roque claimed self-defense, the Court ruled that the evidence supported the finding that Roque was the aggressor and attempted to kill Marquez. The Court modified the damages award to include moral and temperate damages of PHP 25,000 each for Marquez.

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303 views2 pages

Roque V People Digest

The Supreme Court denied the petition of Rogelio Roque, who was convicted of frustrated homicide for shooting Reynaldo Marquez. The Court affirmed the conviction, finding that Roque's use of a deadly weapon like a gun aimed at Marquez's head showed clear intent to kill, regardless of the non-fatal injuries actually inflicted. While Roque claimed self-defense, the Court ruled that the evidence supported the finding that Roque was the aggressor and attempted to kill Marquez. The Court modified the damages award to include moral and temperate damages of PHP 25,000 each for Marquez.

Uploaded by

Benilde Dungo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ROQUE v.

People
Case Name
Rogelio Roque v. People of the Philippines
Topic
Case No. |
193196 | 6 Apr 2015
Date
Ponente Del Castillo, J.
C and his brother were drinking, when P passed by and was invited to join them. P cursed them
Case and warned that he would hurt them if they would not stop bothering him. Wanting tensions to
Summary die down, C asked the barangay captain for help. He went to P’s house where he apologized. P
went in his house and brought out a gun and assaulted and shot C
Decision Petition denied, judgement affirmed with modification
Doctrine

RELEVANT FACTS
 Petitioner Rogelio Roque was charged with the crime of frustrated homicide
 On/about November 22, 2001: P attacked, assaulted and shot complainant, Reynaldo Marquez, hitting
him on his right ear and nape and kicking him on the face and back causing serious physical injuries.
 Prosecution version of incident: C (Reynaldo) and his brother (Rodolfo) were in the house of Bella, and
spotted De la Cruz with his wife, and shouted for him to join them. De la Cruz stopped and cursed
Rodolfo. C apologized for misunderstanding but de la Cruz warned them that something would happen
to them if they continue to make him anxious. C went to the barangay captain (Tayao) and asked for
assistance. C was fetched by de la Cruz and went to the house of Tayao. Tayao was not around, and C
proceeded to P’s house. C apologized but P did not respond. He later came out of the house with a gun
and started attacking P
 Defense version of incident: P went to house of Bella and brothers who were visibly intoxicated cursed
him. P ignored the two and went home. Brothers appeared in his front yard. P tried to pacify them but
they threatened to kill him would they return. Brothers came back challenging P to a gun duel. C fired
his gun and in an act of self-defense, P fired back twice.
 March 12, 2007: RTC found P guilty as charged (6 to 10 years of imprisonment)
 August 16, 2007: P filed a motion for reconsideration = denied
 P appealed to the CA, and CA affirmed in full RTC’S decision.

RATIO DECIDENDI
Issue Ratio
Should the appeal NO.
of the petitioner be
approved?  In attempted or frustrated homicide, the offender must have the intent to kill
the victim. If there is no intent to kill on the part of the offender, he is liable
for physical injuries only. Vice-versa, regardless of whether the victim only
suffered injuries that would have healed in nine to thirty days, if intent to kill
is sufficiently borne out, the crime committed is frustrated homicide (Arts.
263-266).
 Usually, the intent to kill is shown by the kind of weapon used by the offender
and the parts of the victim's body at which the weapon was aimed, as shown
by the wounds inflicted. Hence, when a deadly weapon, like a bolo, is used to
stab the victim in the latter's abdomen, the intent to kill can be presumed
(Reyes, The Revised Penal Code, 13TH ED., P. 431).

 It is worth highlighting that the victim received two gunshot wounds in the
head. Indeed the location of the wounds plus the nature of the weapon used
are ready indications that the accused-appellant's objective is not merely to
warn or incapacitate a supposed aggressor. Verily, had the accused-appellant
been slightly better with his aim, any of the two bullets surely would have
killed him outright. Also, the intent to kill is further exhibited by the fact that
the accused-appellant even prevented barangay officials from intervening and
helping x x x the bleeding victim. Indeed, the fact that Reynaldo Marquez
was miraculously able to live through the ordeal and sustain only modicum
injuries does not mean that the crime ought to be downgraded from frustrated
homicide to less serious physical injuries. After all, as was mentioned above,
what should be determinative of the crime is not the gravity of the resulting
injury but the criminal intent that animated the hand that pulled the trigger.

RULING
WHEREFORE, the appealed decision is DENIED and the convicting of the accused-petitioner of the
crime of frustrated homicide is hereby AFFIRMED with the MODIFICATION that petitioner is ordered to pay
complainant moral damages and temperate damages in the amount of P25,000 each, with interest at the
legal rate of 6% per annum from the date of finality until fully paid.

SEPARATE OPINION/S

NOTES

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