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PEOPLE v. FERNANDO 'ANDO' COSTALES

This case has been cited 6 times or more.

	GR No. 202867 2013-07-15	PEOPLE v. REGIE LABIAGA CARPIO, J.
In frustrated murder, there must be evidence showing that the wound would have been fatal were it not for timely medical intervention.[21] If the evidence fails to convince the court that the wound sustained would have caused the victim's death without timely medical attention, the accused should be convicted of attempted murder and not frustrated murder.
	GR NO. 157057 2007-06-26	LEONIDAS EPIFANIO Y LAZARO v. PEOPLE AUSTRIA-MARTINEZ, J.
No evidence in this case was introduced to prove that Crisaldo would have died from his wound without timely medical attendance. It is well-settled that where there is nothing in the evidence to show that the wound would be fatal if not medically attended to, the character of the wound is doubtful; hence, the doubt should be resolved in favor of the accused and the crime committed by him may be declared as attempted, not frustrated, murder.[31]
	GR NO. 165483 2006-09-12	RUJJERIC Z. PALAGANAS v. PEOPLE CHICO-NAZARIO, J.
2.) In frustrated felony, the reason for the non-accomplishment of the crime is some cause independent of the will of the perpetrator; on the other hand, in attempted felony, the reason for the non- fulfillment of the crime is a cause or accident other than the offender's own spontaneous desistance. In addition to these distinctions, we have ruled in several cases that when the accused intended to kill his victim, as manifested by his use of a deadly weapon in his assault, and his victim sustained fatal or mortal wound/s but did not die because of timely medical assistance, the crime committed is frustrated murder or frustrated homicide depending on whether or not any of the qualifying circumstances under Article 249 of the Revised Penal Code are present.[55] However, if the wound/s sustained by the victim in such a case were not fatal or mortal, then the crime committed is only attempted murder or attempted homicide.[56] If there was no intent to kill on the part of the accused and the wound/s sustained by the victim were not fatal, the crime committed may be serious, less serious or slight physical injury.[57]
	GR No. 122109 2003-06-25	PEOPLE v. JESUS TORIO AZCUNA, J.
However, there is merit in appellant's contention that he should not be convicted of the separate crime of illegal possession of firearm and ammunition. Republic Act No. 8294, which took effect on July 7, 1997, amended Presidential Decree No. 1866 and now considers the use of unlicensed firearm as a special aggravating circumstance in murder and homicide and not as a special offense.[48]
	GR No. 132042 2003-02-19	PEOPLE v. ARNOLD BACLA-AN LAPITAJE AUSTRIA-MARTINEZ, J.
In People vs. Costales, the Court held that aggravating or qualifying circumstance must be expressly and specifically alleged in the complaint or information; otherwise, it cannot be considered by the trial court, even if proved during the trial.[39] The above-quoted Rules took effect on December 1, 2000, or after the subject crime of Robbery has been committed. In consonance with Article 22 of the Revised Penal Code, the said Rules are given retroactive effect because they are beneficial to the appellants. Thus, the Court will not take into consideration the aggravating circumstance that the crime was committed with the aid of armed men.
	GR No. 137404 2003-02-14	PEOPLE v. JOSE CASITAS JR. PANGANIBAN, J.
In any case, it is worth noting that the Revised Rules on Criminal Procedure, which took effect on December 1, 2000, now require that the aggravating as well as the qualifying circumstances be expressly and specifically alleged in the complaint or information. Otherwise, they cannot be considered by the trial court, even if they are subsequently proved during trial.[37] The pertinent portions of Rule 110 of the Revised Rules are reproduced hereunder:"SEC. 8. Designation of the offense. The complaint or information shall state the designation of the offense given by the statute; aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.