GR NO.

149988 | August 14, 2009

Ramie Valenzuela, petitioner vs People of the Philippines, respondent
PONENTE: J. Brion

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 DEFENSE HELD RATIO

WoN the crime the petitioner
committed should be
Attempted Murder based on
the qualifying circumstance of
abuse of superior strength.
No - The Court ruled out the attendance of
abuse of superior strength as a
qualifying circumstance in
consideration of the facts
- 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.

RULING :
The Court GRANTED the petition and the Decision of the Court of Appeals AFFIRMED WITH
MODIFICATION from Attempted Murder to Attempted Homicide.