Title: Rivera v. People, G.R. No.

166326

Subject Matter: Attempted v. Frustrated Murder, Art. 6 of the Revised Penal Code

Facts:
As Ruben Rodil went to a nearby store to buy food, Edgardo Rivera mocked him for
being jobless and dependent on his wife for support. Ruben resented the rebuke and
thereafter, a heated exchange of words ensued. In the following day, when Ruben and
his three year old daughter went to the store to buy food, Edgardo together with
his brother Esmeraldo and Ismael Rivera emerged from their house and ganged up on
him. Esmeraldo and Ismael mauled Ruben with fist blows. And as he fell to the
ground, Edgardo hit him three times with a hollow block on the parietal area. The
Rivera brothers fled when policemen came. The doctor declared that the wounds were
slight and superficial, though the victim could have been killed had the police not
promptly intervened.

Issues:
(1) WON there was intent to kill.

(2) WON the Court of Appeals was correct in modifying the crime from frustrated to
attempted murder.

(3) WON the aggravating circumstance of treachery was properly applied.

Held:
(1) Yes. The Court held that there was intent to kill as Esmeraldo and Ismael
pummeled the victim with fist blows, while Edgardo hit him three times with a
hollow block. Even though the wounds sustained by the victim were merely
superficial and could not have produced his death, intent to kill is presumed.

(2) Yes. The Court of Appeals was correct since based on Art. 6 of the RPC, there
is an attempt when the offender commences the commission of the felony directly by
overt acts and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own spontaneous
desistance.

(3) Yes. The essence of treachery is the sudden and unexpected attack, which gives
no opportunity for the victim to repel it or defend himself. In the present case,
the sudden attack to the victim caused him to be overwhelmed and had no chance to
defend himself and retaliate. Thus, there was treachery.