Novicio V People

GR No 163331 Date: Petitioner: Respondent: Nature:

August 29, 2008 Arellano Novicio People of the Philippines Petition for Review On Certiorati (Rule 45) for the reversal of the CA decision

Facts: o The incident took place on Sept 24, 1998 in Bacong San Luis, Aurora. o Mario Mercado was already drinking with his friends when Arellano Novicio arrived. o (MERCADO’S VERSION)Novicio drew a gun, pointed it at Mercado, and threatened him. When Mercado was about to stand, Novicio shot him. Mercado ran and hid as Novicio attempted to shoot him for a second time. o (NOVICIO’S VERSION) Mercado loudly exclaimed lies and fabrications intended to provoke Novicio. When Novicio asked him to stop, Mercado got mad. Mercado drew his gun and pointed it at Novicio. Novicio tried to wrest the gun and a scuffle ensued. The gun fired accidentally. o Novicio was charged with the crime of frustrated homicide, since all the acts of execution that would have caused the death of Mercado if not for the timely and effective medical attention given to him. Issue (1) :

WON Novicio acted in self-defense.

Held:

No.

Ratio:

There was no unlawful aggression on the part of Mario to justify Novicio’s act of shooting him. No reason to depart from the findings of RTC and CA.

Issue (2):

WON there was intent to kill.

Held:

Yes.

Ratio:

Intent to kill is manifested in the act of using the lethal weapon, attempting to shoot the victim for a second time, and the seriousness of the injury sustained.

Decision:

Petition denied.