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    009 - Pentecostes, Jr. v. People, 417 SCRA 504 GR No 167766, April 7, 2010 (Cheng)

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    This case involves Pentecostes, who was accused of shooting Rudy Baclig in the arm in Cagayan. Pentecostes claimed it was impossible for him to travel between Quezon City and Cagayan in such a short time. The trial court found Pentecostes guilty of attempted murder, but the appellate court found him guilty of less serious physical injuries instead. The Supreme Court agreed and found Pentecostes intended to inflict injury but not kill the victim, as evidenced by only shooting him once in the arm and then driving away even though he knew the injury was non-fatal. Pentecostes was sentenced to 3 months in jail.

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    009 - Pentecostes, Jr. v. People, 417 SCRA 504 GR No 167766, April 7, 2010 (Cheng)

    Uploaded by

    GT
    615 views2 pages
    This case involves Pentecostes, who was accused of shooting Rudy Baclig in the arm in Cagayan. Pentecostes claimed it was impossible for him to travel between Quezon City and Cagayan in such a short time. The trial court found Pentecostes guilty of attempted murder, but the appellate court found him guilty of less serious physical injuries instead. The Supreme Court agreed and found Pentecostes intended to inflict injury but not kill the victim, as evidenced by only shooting him once in the arm and then driving away even though he knew the injury was non-fatal. Pentecostes was sentenced to 3 months in jail.

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    009_Pentecostes, Jr. v. People, 417 SCRA 504 GR No 167766, April 7, 2010 (Cheng)

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    This case involves Pentecostes, who was accused of shooting Rudy Baclig in the arm in Cagayan. Pentecostes claimed it was impossible for him to travel between Quezon City and Cagayan in such a short time. The trial court found Pentecostes guilty of attempted murder, but the appellate court found him guilty of less serious physical injuries instead. The Supreme Court agreed and found Pentecostes intended to inflict injury but not kill the victim, as evidenced by only shooting him once in the arm and then driving away even though he knew the injury was non-fatal. Pentecostes was sentenced to 3 months in jail.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    615 views2 pages

    009 - Pentecostes, Jr. v. People, 417 SCRA 504 GR No 167766, April 7, 2010 (Cheng)

    Uploaded by

    GT
    This case involves Pentecostes, who was accused of shooting Rudy Baclig in the arm in Cagayan. Pentecostes claimed it was impossible for him to travel between Quezon City and Cagayan in such a short time. The trial court found Pentecostes guilty of attempted murder, but the appellate court found him guilty of less serious physical injuries instead. The Supreme Court agreed and found Pentecostes intended to inflict injury but not kill the victim, as evidenced by only shooting him once in the arm and then driving away even though he knew the injury was non-fatal. Pentecostes was sentenced to 3 months in jail.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Pentecostes, Jr. v.

    People, 417 SCRA 504 GR No 167766, April 7, 2010 (Cheng) Pentecostes says that it is impossible that he could have travelled from QC to
    April 7, 2010 | Peralta | Consummated Cagayan and back in such a short span of time. Therefore, he pleads not guilty.

    The RTC ruled that Pentecostes was guilty of Attempted Murder.


    Petitioner: Engr. Carlito Pentecostes
    Respondents: People of the Philippines The CA ruled that Pentecostes was guilty of Less Serious Physical Injuries

    SUMMARY: Victim Rudy Baclig was shot by Pentecostes in the arm. Pentecostes ISSUE/S:
    is guilty of Less Serious Physical Injuries and not Attempted Murder. The intent to 1. W/N it was impossible for Pentecostes to have committed the
    kill was not shown because Pentecostes drove away even if he knew that he did crime? NO
    not inflict a mortal injury. 2. W/N Pentecostes is guilty of Less Physical Injuries, and not
    Attempted Murder?. YES
    DOCTRINE: RATIO:
    Art. 6. Consummated, frustrated, and attempted felonies. — The Court agreed that Pentecostes was guilty of Less Serious Physical Injuries.
    Consummated felonies as well as those which are frustrated and (3 months arresto mayor)
    attempted, are punishable.
    A felony is consummated when all the elements necessary for its
    execution and accomplishment are present; and it is frustrated when the ISSUE 1:
    offender performs all the acts of execution which would produce the
    felony as a consequence but which, nevertheless, do not produce it by The lone declaration of a sole eyewitness is sufficient to convict if that testimony
    reason of causes independent of the will of the perpetrator. is found to be credible. Pentecostes used the defense of alibi which is an
    inheretly weak defense which cannot prevail over positive identification. In this
    There is an attempt when the offender commences the commission of a
    case, it is possible that Pentecostes went to Cagayan to commit the crime and
    felony directly or over acts, and does not perform all the acts of execution then quickly returned to Quezon City afterwards.
    which should produce the felony by reason of some cause or accident
    other than this own spontaneous desistance. ISSUE 2:

    Pentecostes is guilty of Less Serious Physical Injuries because even if he shot


    Rudy, he had no intent to kill. Rudy was shot only once, and only in the arm. If
    Pentecostes had intent to kill, he could easily have fired again. Doctors also said
    Rudy would recover in 10 days.
    FACTS:
    OTHER NOTES:
    On September 1, Pentecostes was with Hondrade in Quezon city.
    Art. 256 specifically defines Less Serious Injuries as those that would incapacitate
    On September 2, Rudy was walking along the street when a car stopped in front of for 10 days or more.
    him. The driver called out his nickname “Parrod”, shot Rudy just below the left
    armpit, and then drove away. Rudy positively identified Pentecostes as the one who No Agg/Mitigating Circumstances. No treachery.
    shot him. This happened in Cagayan.
    DISPOSITION:
    On September 4, Pentecostes was again in Quezon City.
    Petition is DENIED, CA is AFFIRMED.

    1
    Pentecostes is guilty of Less Serious Physical Injuries.

    Penalty of 3 months Arresto Mayor.

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