FACTS:

Regie Labiaga alias "Banok" (appellant) appealed the Decision of the Court of Appeals-Cebu (CA-Cebu), which affirmed with modification the Joint Decision of the Regional Trial Court of Barotac Viejo, Iloilo. The appellant was convicted of murder and frustrated murder in separate cases.

In Criminal Case No. 2001-1555, the appellant, along with Alias Balatong Barcenas and Cristy Demapanag, was charged with Murder with the Use of an Unlicensed Firearm. The prosecution alleged that they conspired and shot Judy Conde, causing her death.

In Criminal Case No. 2002-1777, the same individuals were charged with Frustrated Murder with the Use of an Unlicensed Firearm. It was alleged that they attempted to kill Gregorio Conde but failed due to medical intervention. Balatong Barcenas remained at large, while appellant and Demapanag pleaded not guilty.

The prosecution presented witnesses and evidence to support their case, while the defense claimed self-defense and alibis. The Regional Trial Court acquitted Demapanag due to insufficient evidence but convicted the appellant.

The Court of Appeals-Cebu upheld the conviction and modified the Joint Decision by imposing the payment of moral and exemplary damages.

ISSUES:

1. Whether the appellant is guilty of murder or attempted murder.

2. Whether the appellant acted in self-defense.

3. Whether the appellant should be convicted of frustrated murder or attempted murder.

4. Whether the amount of damages awarded by the lower court should be increased.

RULING:

1. The appellant is guilty of attempted murder, not murder.

2. The appellant's claim of self-defense is rejected.

3. The appellant should be convicted of attempted murder instead of frustrated murder. Under Article 6 of the Revised Penal Code, a felony is consummated when all elements necessary for its execution and accomplishment are present, frustrated when the offender performs all acts of execution but the felony is not produced due to causes independent of the will of the perpetrator, and attempted when the offender commences the commission of a felony directly but does not perform all acts of execution due to some cause or accident other than their own spontaneous desistance. In this case, it was not established that the wound sustained by the victim would have been fatal without timely medical intervention. Therefore, the appellant is guilty of attempted murder.

4. The amount of damages imposed by the lower court should be increased. The Supreme Court awards P75,000.00 as civil indemnity, P30,000.00 as exemplary damages, and upholds the award of P50,000.00 as moral damages in Criminal Case No. 2001-1555. The appellant is also ordered to pay P40,000.00 as moral damages and P30,000.00 as exemplary damages in relation to Criminal Case No. 2002-1777.

PRINCIPLES:

• The burden of evidence shifts to the accused to prove self-defense by clear and convincing evidence.

• The trial court's assessment of the credibility of witnesses is given much weight, especially when affirmed by the appellate court.

• Treachery may be properly appreciated when the victim was not given any opportunity to defend himself or resist the attack. The use of a weapon deliberately chosen to render the victim defenseless may indicate treachery.

• A frustrated felony is one where the offender performs all acts of execution that would produce the felony but it is not produced due to causes independent of the will of the perpetrator, while an attempted felony is one where the offender commences the commission of a felony directly but does not perform all acts of execution.

• In order to be convicted of frustrated murder, there must be evidence that the wound sustained by the victim would have been fatal without timely medical intervention.

• The penalty for attempted murder is two degrees lower than that prescribed for consummated murder.

• The minimum sentence for an indeterminate sentence should be within the range of the penalty next lower to that prescribed for the offense.