GR No 163331

Date: August 29, 2008

Petitioner: Arellano Novicio
Respondent: People of the Philippines
Nature: 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.