rodolfo guevarra and joey guevarra, petitioners, v. people of the philippines,respondent

8/17/2019 Rodolfo Guevarra and Joey Guevarra, Petitioners, V. People of the Philippines,Respondent.

http://slidepdf.com/reader/full/rodolfo-guevarra-and-joey-guevarra-petitioners-v-people-of-the-philippinesrespondent 1/4

G.R. No. 170462, February 05, 2014

RODOLFO GUEVARRA AND JOEY GUEVARRA, Petitioners, v. PEOPLE OF !E

P!"L"PP"NE#,Respondent .

Facts:

in the municipality of Alicia, province of Isabela, Philippines, the said accused, Rodolfo

and his son, Joey, conspired and helped one another to hack and stab for several times

with a sharp pointed bolo the assailed party, rwin !rdo"e#, and the deceased, $avid

!rdo"e#.

%he accused was char&ed of two offenses namely: homicide and frustrated homicide.

rwin suffered multiple hack and stab wounds on the different parts of his body, which

in'uries would ordinarily cause the death of the said rwin !rdo"e#, but nevertheless,

did not produce it by reason of the timely and able medical assistance rendered to the

said rwin !rdo"e#, which prevented his death. $avid, on the other hand, died as a

conse(uence of the multiple hack and stab wounds.

Version of the Defense

rwin !rdo"e# and $avid !rdo"e#, to&ether with their companion, Philip )in&ua, forced

their way into his compound and threw stones at his house and tricycle. *albino, a

witness of the defense, saw rwin hit Rodolfo on the face with a stone and Joey was hit

on his ri&ht foot, causin& Rodolfo and Joey to retreat to the basement of their house

throu&h the back door of their house. Rodolfo shouted at the three men to stop. $avid

saw him, threatened to kill him, and struck him with a + panabas, -scythe- hittin& him on

the palm of his left hand. Rodolfo responded by reachin& for the bolo tucked in the

+solera of his house, and hacked and stabbed rwin and $avid until the two brothers

fell to the &round. pon seein& rwin and $avid lyin& on the &round, Rodolfo called on



someone to brin& the brothers to the hospital. /e stayed in his house until the

policemen arrived.

Petitioners claim that their act of stabbin& and hackin& was self0defense.

Version of the Prosecution

%he survivin& accused, rwin narrated that, at that time, he, his brother $avid and Philip

went to birthday party and passed in front of the petitioners1 compound. /e was walkin&

twenty -234 meters ahead of his companions when, suddenly, Philip ran up to him

sayin& that $avid was bein& stabbed by Joey with. bolo. 5hile approachin& the scene

of the stabbin&, which was three -64 meters away from where his brother $avid was,

rwin was met by Rodolfo who then hacked him, hittin& his arm and back. %hereafter,

Rodolfo and Joey dra&&ed rwin inside the petitioners1 compound and kept on hackin&

him. /e was hacked and stabbed thirteen -764 times. /e became weak and ultimately

fell to the &round.

rwin denied that he and $avid threw stones at the petitioners1 house and dama&ed

Rodolfo1s tricycle. %hey did not likewise destroy the petitioners1 &ate, which was only

dama&ed when his brother $avid clun& on to it while he was bein& pulled by Rodolfo

and rwin into their compound. 5hile they were bein& hacked and stabbed by Rodolfo

and rwin, stones actually rained on them and people outside the petitioners1 &ate were

sayin&, +$o not kill the brothers. Allow them to come out.78

After the incident, rwin and $avid, both unconscious, were brou&ht to the hospital.

$avid died in the hospital while bein& treated for his wounds.

%he R%9 &ave credence to the prosecution1s version of the incident and found the

petitioners &uilty beyond reasonable doubt of the crimes of frustrated homicide and

homicide. %he 9A further held that the petitioners1 plea of self0defense was belied by

the nature and number of wounds inflicted on rwin, who sustained thirteen -764 stab

wounds on his arm and back, and $avid, who suffered around ten -734 stab wounds on

his back and stomach causin& his death. %hese wounds lo&ically indicated that the

assault was no lon&er an act of self0defense but a determined homicidal a&&ression on

the part of the petitioners.



$e Pe%&%&o'

In the present petition, the petitioners raise the followin&

issues:chanRoblesvirtualawlibrary

A.

5/%/R !R ;!% %/ /!;!RA* 9!R% !F APPA< RR$ I; FAII;=

%! APPR9IA% %/ PR<;9 !F %/ J<%IF>I;= 9IR9?<%A;9 !F

<F0$F;< $<PI% 9AR A;$ 9!;)I;9I;= )I$;9 </!5I;= %/

?;%< !F <F0$F;<.

*.

(!E!ER OR NO !E !ONORA)LE *OUR OF APPEAL# ERRED "N G"V"NG

FULL *REDEN*E O !E E#"+ONY OF !E LONE ("NE## OF !E

PRO#E*U"ON.

9.

5/%/R !R ;!% %/ /!;!RA* 9!R% !F APPA< RR$ I; ;!%

A9@I%%I;= P%I%I!;R J!> =)ARRA 5/! /A< ;! PAR%I9IPA%I!; I;

%/ <AI$ I;9I$;%.269hanRobles)irtualawlibrary

RI;=<:

As the R%9 and the 9A did, the 9ourt finds the absence of the element of unlawful

a&&ression on the part of the victims. %he attack actually took place outside, not inside,

the petitioners1 compound, as evidenced by the way the petitioners1 &ate was destroyed.

%he manner by which the wooden &ate post was broken coincided with rwin1s

testimony. %hese circumstances, coupled with the nature and number of wounds

sustained by the victims, clearly show that the petitioners did not act in self0defense in

killin& $avid and woundin& rwin. %he petitioners were, in fact, the real a&&ressors.



$e *our% &'- 'o re/er&be error &' %$e *A -e&&o' o O%ober 24, 2005.

In the absence of any showin& that the trial and appellate courts overlooked certain

facts and circumstances that could substantially affect the outcome of the present case,

we uphold the rulin&s of the R%9 and the 9A which found the elements of these crimes

fully established durin& the trial.

(!EREFORE, the petition is DEN"ED.

rodolfo guevarra and joey guevarra, petitioners, v. people of the philippines,respondent

Documents