7/2/13 Scribbles of a Lunatic Mind: Epifanio vs. People of the Philippines, G.R. No.

157057, June 26, 2007

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Epifanio vs. People of the Philippines, G.R. No.

157057, June 26, 2007 FOL L OW BY EM AIL

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Post under case digests, Criminal Law at Tuesday, January 31, 2012 Posted by Schizophrenic Mind

Facts: On August 15, 1990, Crisaldo Alberto (Crisaldo) and his

cousin, Allan Perez (Allan), were walking to their respective homes
after spending time at the house of Crisaldo's father. Since the Subscribe in a reader
pavement going to Crisaldo's house followed a narrow pathway
along the local shrubs called banganga, Allan walked ahead of
CAT EGORIES
Crisaldo. Suddenly, Crisaldo felt the piercing thrust of a bladed
weapon on his back, which caused him to cry out in pain. He made a bar exam questionnaire (8)
quick turnaround and saw his attacker, petitioner, also known as "Iyo
(Uncle) Kingkoy." Petitioner stabbed Crisaldo again but only hit the case digests (612)
latter's left arm. When Allan heard Crisaldo's outcry, he rushed to
Crisaldo's side which caused petitioner to run away. Allan then Civil Law (123)

brought Crisaldo to his father's house where Crisaldo's wounds were

Commercial Law (89)
wrapped in a blanket. Crisaldo was then brought to the Peaplata
Hospital where he was given first aid and then transferred to the Criminal Law (102)
Davao Medical Center where he stayed for three weeks to
recuperate from his wounds. labor law (95)

Legal Ethics (89)

Subsequently, petitioner was charged with Frustrated Murder. Followers (8)
During his arraignment, petitioner pleaded "not guilty." Petitioner's MCQ (28)
defense consisted mainly of denial. On July 5, 1994, the RTC
rendered its Decision convicting the petitioner. Petitioner appealed personal (6)
his conviction to the CA, which affirmed the decision in toto.
Political Law (163)

Issue: Whether the accused was guilty of frustrated murder.

promo/discounts/freebies (56)

Held: No. It must be stressed that it is not the gravity of the wounds Psychiatry (5)
alone which determines whether a felony is attempted or frustrated,
but whether the assailant had passed the subjective phase in the Remedial Law (112)

commission of the offense.

Taxation (85)

In homicide cases, the offender is said to have performed all the acts villarama doctrines (103)
of execution if the wound inflicted on the victim is mortal and could
cause the death of the victim barring medical intervention or Follow this blog
attendance. If one inflicts physical injuries on another but the latter There was an error in this
survives, the crime committed is either consummated physical gadget

injuries, if the offender had no intention to kill the victim; or frustrated

or attempted homicide or frustrated murder or attempted murder if
the offender intends to kill the victim. 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.
189,765
In the present case, the intent to kill is very evident and was
established beyond reasonable doubt through the unwavering
testimony of Crisaldo on the manner of execution of the attack as

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7/2/13 Scribbles of a Lunatic Mind: Epifanio vs. People of the Philippines, G.R. No. 157057, June 26, 2007
well as the number of wounds he sustained. Crisaldo was stabbed
from behind by petitioner. When Crisaldo turned around, petitioner Live Traffic Feed
continued his assault, hitting Crisaldo on the left arm as the latter
tried to defend himself. The treacherous manner in which petitioner RECOM M ENDED READS
perpetrated the crime is shown not only by the sudden and
unexpected attack upon the unsuspecting victim but also by the A visitor from Iligan City, bethere2day
deliberate manner in which the assault was perpetrated. Iligan viewed "Scribbles of a
Nonetheless, petitioner failed to perform all the acts of execution, Lunatic Mind: Epifanio vs. blog-links-exchange

because Allan came to the aid of Crisaldo and petitioner was forced People of the Philippines,
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to scamper away. He did not voluntarily desist from stabbing G.R. No. 157057, June 26,
Crisaldo, but he had to stop stabbing when Allan rushed to help 2007" 0 secs ago
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Crisaldo and recognized petitioner. Thus, the subjective phase of the A visitor from Sampaloc,
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Moreover, the prosecution failed to present testimonial evidence on Party List, et al vs Exec. Sec. Philippine Case Digests

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the nature of the wounds sustained by Crisaldo. No evidence in this
case was introduced to prove that Crisaldo would have died from his A visitor from Philippines Scire Licet
wound without timely medical attendance. It is well-settled that where viewed "Scribbles of a
there is nothing in the evidence to show that the wound would be Lunatic Mind: Garcia vs. The Digester

fatal if not medically attended to, the character of the wound is Recio [366 SCRA 437]" 9
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accused and the crime committed by him may be declared as A visitor from Quezon City
attempted, not frustrated murder. viewed "Scribbles of a ARCHIV E
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