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    Gary Fantastico and Rolando Villanueva, Petitioners

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    Phoebe Kates
    This case involved a physical altercation between Elpidio Malicse and several individuals including Gary Fantastico and Rolando Villanueva. Elpidio had been drinking and got into an argument with his sister and nephew which led to him slapping his sister. He later returned to apologize but an argument ensued and he was attacked by multiple individuals who were armed while he was unarmed. Gary hit Elpidio with a tomahawk axe and Rolando hit him with a lead pipe. The court found Gary and Rolando guilty of attempted murder, determining that while there was no treachery, there was abuse of superior strength given Elpidio's intoxicated state and

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    © All Rights Reserved
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    Gary Fantastico and Rolando Villanueva, Petitioners

    Uploaded by

    Phoebe Kates
    59 views2 pages
    This case involved a physical altercation between Elpidio Malicse and several individuals including Gary Fantastico and Rolando Villanueva. Elpidio had been drinking and got into an argument with his sister and nephew which led to him slapping his sister. He later returned to apologize but an argument ensued and he was attacked by multiple individuals who were armed while he was unarmed. Gary hit Elpidio with a tomahawk axe and Rolando hit him with a lead pipe. The court found Gary and Rolando guilty of attempted murder, determining that while there was no treachery, there was abuse of superior strength given Elpidio's intoxicated state and

    Original Title

    Fantastico-v-Malicse-_-Superior-Strength

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    This case involved a physical altercation between Elpidio Malicse and several individuals including Gary Fantastico and Rolando Villanueva. Elpidio had been drinking and got into an argument with his sister and nephew which led to him slapping his sister. He later returned to apologize but an argument ensued and he was attacked by multiple individuals who were armed while he was unarmed. Gary hit Elpidio with a tomahawk axe and Rolando hit him with a lead pipe. The court found Gary and Rolando guilty of attempted murder, determining that while there was no treachery, there was abuse of superior strength given Elpidio's intoxicated state and

    Copyright:

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

    Gary Fantastico and Rolando Villanueva, Petitioners

    Uploaded by

    Phoebe Kates
    This case involved a physical altercation between Elpidio Malicse and several individuals including Gary Fantastico and Rolando Villanueva. Elpidio had been drinking and got into an argument with his sister and nephew which led to him slapping his sister. He later returned to apologize but an argument ensued and he was attacked by multiple individuals who were armed while he was unarmed. Gary hit Elpidio with a tomahawk axe and Rolando hit him with a lead pipe. The court found Gary and Rolando guilty of attempted murder, determining that while there was no treachery, there was abuse of superior strength given Elpidio's intoxicated state and

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    GARY FANTASTICO AND ROLANDO VILLANUEVA, Petitioners,

    v.
    ELPIDIO MALICSE, SR. AND PEOPLE OF THE PHILIPPINES, Respondent.
    G.R. No. 190912, January 12, 2015

    FACTS:
    Elpidio Malicse, Sr. (Elpidio) was outside the house of his sister Isabelita Iguiron... when
    all of a sudden, he heard Isabelita's son, Winston, throwing invectives at him. Thus, Elpidio
    confronted Isabelita but she also cursed him, which prompted the former to slap the latter. On that
    occasion, Elpidio was under the influence of alcohol. Elpidio was eventually persuaded to go home
    where he drank some coffee. Thereafter, Elpidio went back to the house of Isabelita to offer
    reconciliation.

    Elpidio saw the former's son, Titus Iguiron (Titus) and her son-in-law Gary Fantastico
    (Gary) and asked the two where he can find their parents. Titus and Gary responded, "putang ina
    mo, and kulit mo, lumayas ka, punyeta ka." In his anger with the response of Titus and Gary,
    Elpidio kicked the door open. Salvador hit Elpidio on the right side of his head that forced the
    latter to bow his head but Salvador delivered a second blow that hit Elpidio on the right eyebrow.

    Gary hit Elpidio on the right side of his head with a tomahawk axe when the latter was
    about to go out of the house. Elpidio tried to defend himself but was unable to take the tomahawk
    axe from Gary. Elpidio walked away from Titus but Gary, still armed with the tomahawk axe and
    Salvador, with his arnis, including Titus, chased him.

    Roland (Rolly) Villanueva, without any warning, hit Elpidio on the back of his head with
    a lead pipe which caused the latter to fall on the ground. Elpidio begged his assailants to stop, but
    to no avail. Salvador hit him countless times on his thighs, legs and knees using the rattan stick.

    Thereafter, a certain "Mang Gil" tried to break them off but Titus and Gary shouted at him:
    "Huwag makialam, away ng mag-anak ito" and the two continued to maul Elpidio.

    Elpidio then pretended to be dead. It was then that concerned neighbors approached him
    and rushed him to the emergency room of the Philippine General Hospital (PGH).

    Thus, a case for Attempted Murder under Article 248, in relation to Article 6 of the Revised
    Penal Code, was filed against Salvador Iguiron, Titus Malicse Iguiron, Saligan Malicse Iguiron,
    Tommy Ballesteros, Nestor Ballesteros, Eugene Surigao and petitioners Gary Fantastico and
    Rolando Villanueva.
    The trial court, in a Decision acquitted Titus Iguiron, Saligan Iguiron and Tommy
    Ballesteros but found Gary Fantastico and Rolando Villanueva guilty beyond reasonable doubt for
    Attempted Murder.
    After their motion for reconsideration was denied, petitioners appealed the case to the CA,
    but the latter court affirmed the decision of the RTC. A motion for reconsideration was filed, but
    it was denied by the same court.

    ISSUE:
    Is there treachery or any qualifying circumstance to speak of in this case?

    RULING:
    In this particular case, there was no treachery. There is treachery when the offender
    commits any of the crimes against persons, employing means, methods, or forms in the execution,
    which tend directly and specially to insure its execution, without risk to the offender arising from
    the defense which the offended party might make. The essence of treachery is that the attack comes
    without a warning and in a swift, deliberate, and unexpected manner, affording the hapless,
    unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be considered,
    two elements must concur: (1) the employment of means of execution that gives the persons
    attacked no opportunity to defend themselves or retaliate; and (2) the means of execution were
    deliberately or consciously adopted. From the facts proven by the prosecution, the incident was
    spontaneous, thus, the second element of treachery is wanting. The incident, which happened at
    the spur of the moment, negates the possibility that the petitioners consciously adopted means to
    execute the crime committed. There is no treachery where the attack was not preconceived and
    deliberately adopted but was just triggered by the sudden infuriation on the part of the accused
    because of the provocative act of the victim.
    The said injuries inflicted on the complainant after he went back to his sister Isabelita's
    house. When he kicked the door, the melee began. And the sequence of the injuries is proven by
    victim's testimony. But it was a lopsided attack as the victim was unarmed, while his attackers
    were all armed (rattan stick, tomahawk and lead pipe). And the victim was also drunk. This
    establishes the element of abuse of superior strength.

    Abuse of superior strength is present whenever there is a notorious inequality of forces


    between the victim and the aggressor, assuming a situation of superiority of strength notoriously
    advantageous for the aggressor selected or taken advantage of by him in the commission of the
    crime." "The fact that there were two persons who attacked the victim does not per se establish
    that the crime was committed with abuse of superior strength, there being no proof of the relative
    strength of the aggressors and the victim. “The evidence must establish that the assailants
    purposely sought the advantage, or that they had the deliberate intent to use this advantage. "To
    take advantage of superior strength means to purposely use excessive force out of proportion to
    the means of defense available to the person attacked.” The appreciation of this aggravating
    circumstance depends on the age, size, and strength of the parties.

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