This case has been cited 1 times or more.
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2001-04-20 |
BELLOSILLO, J. |
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| The principal and essential element of attempted or frustrated homicide, or murder, is the intent on the part of the assailant to take the life of the person attacked. Such intent must be proved in a clear and evident manner to exclude every possible doubt as to the homicidal intent of the aggressor. Although we can safely assume that the injuries sustained by Shirley were inflicted by accused-appellant, the factual environment of the case is inconclusive as to whether he was impelled to injure Shirley purposely to kill her. Even Shirley stated that she was awakened when someone struck her and she felt excruciating pain in her stomach. In short, no one except probably accused-appellant could shed light on the circumstances which led to the wounding of Shirley, but this notwithstanding, the onus probandi lies not on accused-appellant but on the prosecution. The inference that the intent to kill existed should not be drawn in the absence of circumstances sufficient to prove this fact beyond reasonable doubt.[10] When such intent is lacking but wounds were inflicted, the crime is not frustrated murder but physical injuries only - less serious physical injuries in the present case considering the medico-legal's expert opinion that the wounds sustained by Shirley would require medical attendance of more than two weeks or more than fourteen (14) days.[11] In the same vein, we cannot also conclude with certainty that the injuries inflicted on Emily were the result of the murderous intent of accused-appellant. Emily testified that as she approached her mother, accused-appellant swung his bolo, cutting her left index finger and lacerating her left ring finger. Accused-appellant did not pursue her as she ran out of the room and jumped out of the window. Apparently, his purpose was merely to drive away the four (4) sisters and dissuade them from attacking him. Thus, in evaluating the circumstances of the case, we fail to find any trace of intent or inclination on the part of accused-appellant to kill Emily ever mindful that in criminal cases there is no room for conjectures as the quantum of proof required must be beyond reasonable doubt. From the cold facts of the case, the crime committed against Emily was not frustrated murder but only serious physical injuries. | |||||