This case has been cited 1 times or more.
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2001-04-04 |
PER CURIAM |
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| Under the doctrine enunciated in People v. Tayo,[22] the crime committed may otherwise be more approriately denominated as murder qualified by explosion rather than by treachery. However, since it was treachery that is alleged in the Information and appreciated by the trial court, the explosion of the grenade which resulted in the death of Florentino, Norwela and Nissan, and the wounding of Noemi can only be multiple murder complexed with attempted murder.[23] The crime committed against Noemi Dulay was correctly denominated by the trial court as attempted murder considering that none of her injuries was fatal. Her attending physician even made conflicting statements in the assessment of her wounds, to wit: although he said that Noemi could have died from the shrapnel wound in her head, he specifically ruled out the possibility of "intercerebral hemorrhage"[24] and despite the seriousness of the possible complications of her injuries she would suffer from physical incapacity for only ten (10) to fourteen (14) days. | |||||