Rivera v. People, G.R. No.

166326, 25 January 2006

The Victim, Ruben Rodil had a heated exchange of words with the accused Edgardo Rivera. After
a while, eyewitness saw Ruben was walking along the street when he was boxed by the accused
Rivera and his two brothers, and they all ganged up on him. Edgardo Rivera picked up a hollow
block and hit Ruben 3 times in the head, Ruben was holding his 3-year-old daughter and was
caught off guard. The police was called and intervened, Ruben Rodil was able to run away.
Ruben sustained superficial wound in the parietal area. Attempted murder was filed against the
Rivera brothers, RTC ruled the same and CA confirmed RTC ruling. Edgardo Rivera et al. filed an
appeal to the Supreme Court, insisting that they should be liable for physical injuries only.

SC held that it is attempted murder when a wound is not sufficient to cause death but intent to
kill is evident, then it is attempted murder. Prosecution was able to prove the intent to kill the
victim Ruben Rodil. And the essential elements of attempted felony

a. offender commences the commission of a felony directly by overt acts.

Two elements: external acts, such external act must be directly connected with the crime
intended
b. the offender does not perform all the acts of execution which should produce the felony
c. the offender’s act was not stopped by his own spontaneous desistance

Essential elements of an attempted felony are as follows:

1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;
3. The offender’s act be not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other
than his spontaneous desistance.

In the case at bar, the three brothers helped each other and commenced the felony of mauling
the defenseless victim. Victim already fell into the ground, yet one of them picked up a hollow-
block cement and hit him three times, narrowly missed his head. If they did not miss, victim
would have died. Only the arrival of the police made them desist.