- Petitioner
- Brillantes
- Respondent
- People
- Citation
- G.R. No. 249556
- Court
- Supreme Court
- Decided
- December 11, 2019
Whether petitioner committed frustrated homicide by stabbing the victim and the propriety of his conviction and penalty
Summary
Eduardo Brillantes was convicted of Frustrated Homicide for stabbing Alberto Panim with a fan knife, causing a lung-puncturing wound that would have been fatal without immediate medical care. The Regional Trial Court found him guilty and imposed an indeterminate penalty of 2 years and 5 months to 8 years and 1 day imprisonment. The Court of Appeals affirmed with modification on damages. On appeal to the Supreme Court, Brillantes argued the prosecution failed to prove a fatal wound and failed to identify him as perpetrator. The Supreme Court denied his petition, finding these were factual matters beyond Rule 45 scope, and affirmed the conviction with modification adding 6% annual interest on monetary awards. The case demonstrates proper application of frustrated homicide elements and penalty computation under the Indeterminate Sentence Law.