This case has been cited 2 times or more.
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2011-01-26 |
VELASCO JR., J. |
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| The claim of accused-appellants that the findings of Dr. Sario, the doctor who conducted the post-mortem examination, do not establish the number of attackers, nor do they support a conviction for murder, is not worthy of consideration. In support of their argument, they cited People v. Matyaong, which stated, "Therefore, the examination of a wound, from the legal point of view, should lead to the determination as to when the wound was inflicted, what the degree of danger the wound is, with its dangers to life or function, whether the wound was given by the injured man himself, or by some one else, and with what manner of instrument the wound was produced."[30] The citation of the case is inappropriate, as this refers to a case wherein no post-mortem examination of the victim was conducted, and the cause of death was uncertain, as witnesses gave varying accounts of the injuries suffered by the victim, unlike the present case wherein the cause of death is known as there was a post-mortem examination. The testimony of the eyewitness is what established the finding of the RTC that accused-appellants killed the victim, not the post-mortem examination. | |||||
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2004-01-15 |
AUSTRIA-MARTINEZ, J. |
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| Intent to kill is the principal element of attempted or frustrated homicide, or murder.[47] Such intent must be proved in a clear and evident manner to exclude every possible doubt as to the homicidal intent of the aggressor.[48] The testimonies of the doctors who treated Gloria did not establish with certainty the nature, extent, depth and severity of the wounds sustained by her. Such medical evidence could have shed light as to the relative position of Aradillos and Gloria at the time the blows were inflicted, whether the wounds sustained by the victim were a result of an intentional infliction or accidental, or whether it was mortal or superficial. In People vs. Matyaong,[49] the Court discussed the importance of ascertaining the degree of injury sustained by a victim, viz.:In considering the extent of injury done, account must be taken of the injury to the function of the various organs, and also the danger to life. A division into mortal and nonmortal wounds, if it could be made, would be very desirable; but the unexpected complications and the various extraneous causes which give gravity to the simplest cases, and, on the other hand, the favorable termination of some injuries apparently the most dangerous, render any such classification impracticable. The general classification into slight, severe, dangerous, and mortal wounds may be used, but the possibility of the slight wound terminating with the loss of the person's life, and the apparently mortal ending with only a slight impairment of some function, must always be kept in mind. . . . | |||||