This case has been cited 1 times or more.
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2001-04-20 |
BELLOSILLO, J. |
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| As regards Rosalinda, we gather from her testimony that when she rushed out of her parent's room, accused-appellant stood up and chased her. Overtaking her, accused-appellant pulled her hair back which caused her to stumble. He sat on her stomach and tried to hack her on the face but she gripped the bolo with her two (2) hands. But her assailant pulled the bolo from her hands and hit her successively on the right ear and other parts of her body. If only to stop the relentless assault, Rosalinda pretended to be dead. Before finally abandoning his quarry, Rolly swung the bolo for the last time and hit her on the thigh. Going by the evidence for the prosecution, we agree with the finding of the court a quo that accused-appellant is guilty of frustrated murder against Rosalinda Mendez as charged.[7] Accused-appellant had already performed all the acts of execution which tended to produce the death of Rosalinda but failed to cause her death by reason independent of his own free will. We observe that when the perpetrator stood up and left the crime scene it was on the belief that he had consummated his heinous act, not suspecting that Rosalinda was merely feigning death. In other words, the subjective phase had already been passed. On this point, the ruling in People v. Eduave is appropriate - [8] | |||||