Epifanio v People of the RP GR 157057 2007

Facts: At around 9:00p.m of Aug 15 1990 Crisaldo Alberto and cousin Allan Perez were walking to their respective homes after spending time at the house of Crisaldo’s father. On the way to Crisaldo’s house was a narrow pathway along shrubs called banganga. Allan was ahead of Crisaldo walking (3 meters). Suddenly, Crisaldo was stabbed on his back which made him cry in pain. He saw his attacker, petitioner: Uncle Kingkoy. Petitoner stabbed Crisaldo again but missed and hit the left arm.

Allan rushed to Crisaldo and asked Uncle Kingkoy why he stabbed Crisaldo, which made U.K run away. Allan brought Crisaldo to his father’s house and was then brought to Penaplata Med Center for first aid and then to Davao Med center where he stayed for 3 weeks.

Medical findings of Dr. Santiago Aquino:

1. Stab wound R) scapular area 2. Fracture 7th and 8th rib posterior right

15-30 days of healing with probable complication

Issue: a.) Whether the accused was guilty of frustrated murder

b.) Whether the guilt of the petitioner for the crime of frustrated murder was proven beyond reasonable doubt

Ruling: It is not frustrated murder, rather ATTEMPTED. The gravity of wounds must be stressed whether the felony is attempted or frustrated. Petitioner plead not guilty but was convicted six years and one day of prison and 6,000 by way of damages.

*REF: Intent to kill may be proved by evidence of: (a) motive; (b) the nature or number of weapons used in the commission of the crime; (c) the nature and number of wounds inflicted on the victim; (d) the manner the crime was committed; and (e) words uttered by the offender at the time the injuries were inflicted by him on the victim.

Intent to kill ( subsumes frustrated murder) was not evident in the series of event that happened to Crisaldo. The Court emphasized the importance of ascertaining the degree of injury sustained by victim.