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I.S. NO: ________________ -versusMARINA ANGELES, Respondent. x-------------------------------------------------x RESOLUTION The respondent MARINA ANGELES and TENORIO PALPARAN were charged of the crime of FRUSTRATED MURDER in a complaint filed by SP02 ENRICO VALENCIA. In support of his complaint, the herein complainant attached the following documents ; 1. Joint Affidavit of Manuel Del Rio and Carla De La Cruz; 2. Affidavit of Sgt. Pedro Santiago 3. Affidavit of Dr. Bienvenido Torres Statement of Facts Based on the investigation conducted by the Police Investigator, SP02 ENRICO VALENCIA, the facts of the case are stated hereunder: That on the 24th of December, 2012, in the City of Quezon, National Capital Region, Philippines and within the jurisdiction of this Honorable Court, accused MARINA ANGELES Y BARON, with intent to kill, did then and there wilfully, unlawfully and feloniously attack, slash and stab GINA DEL RIO Y DELA CRUZ with a bladed weapon, thereby inflicting fatal wounds on the right side of her chest, thus performing all the acts of execution which would have produced the crime of Homicide as a consequence, but which, nevertheless, did not produce the same by reason of causes independent of her will, that is, by the timely and able medical assistance FOR: FRUSTRATED HOMICIDE (Art. 249 in relation to Art. 6 of the Revised Penal Code)

rendered to GINA DEL RIO Y DELA CRUZ , to her damage and prejudice. That the crime was attended by an aggravating circumstance of obvious ungratefulness, accused MARINA ANGELES Y BARON, as house help, fatally stabbed her employers, Manuel and Carla del Rios, daughter. CONTRARY TO LAW. In the joint affidavit of witnesses Manuel Del Rio and Carla , they stated that on December 24, 2012, Gina asked for their permission to attend a party of a friend to which they agreed. Manuel Del Rio specifically instructed his daughter Gina, that if she goes home past 8:00 p.m., she should pass through the back door of their house. At around 7:00 in the evening, Manuel Del Rio arrived home after a meeting and thereafter instructed his subordinate Sgt. Pedro Santiago to obtain certain files for him in Camp Crame. At about 8:55 p.m., Manuel Del Rio received a text message from Gina saying that the latter is already within the premises of their house. At 9:01 p.m., Manuel Del Rio heard Sgt. Santiagos voice and immediately ran to the guest room where his wife , Carla De La, was having a massage. The two immediately went down and rushed to scene where they saw Gina lying down and covered with blood. Manuel immediately called the police by phone to report the incident. He and his wife then carried Gina to their car and rushed her straight to the hospital which was only five (5) minutes away from their house. When they arrived at the hospital, several doctors rushed to their aid. The head doctor informed Manuel Del Rio and Carla De La Cruz that their daughter Gina was in critical condition, however, her situation would have been more severe if she did not receive timely medical intervention. In the affidavit of Sgt. Pedro Santiago, he stated that at 8:45 p.m. of December 24, 2012, he was resting on the 2nd floor of his superior, Manuel Del Rios house. He was instructed by Manuel Del Rio to proceed to Camp Crame to obtain some documents from the latters office. While going down the stairs, he saw the light in the houses garage was open and heard that there were people talking in the garage. He recognized Tenorio Palparan a.k.a. MangTinos voice (the familys driver) Bakit mo nagawang saksakin si Gina? When he opened the door, he saw Ginas body sprawled on the floor. He also saw Palparan and respondent Marina Angeles(the familys maid) covered with blood and were three (3) meters away from Gina who was still trembling and bloodied. He pointed his gun at the two. He later on yelled to call the attention of Manuel Del Rio and Carla de la Cruz. When the two left to go to the hospital, Sgt. Santiago tied Palparan and respondentMarina Angeles, informed them of his intention to arrest them based on what he saw and heard, and recited to them their Miranda rights. The two remained silent. In the affidavit of Dr. Bienvenido Torres, Medico-Legal Doctor at the Philippine National Police Crime Laboratory in Camp Crame, he stated that an evaluation of victims body after the incident yielded the following results: 1) The victim had two (2) penetrating stab wounds on the right side of her chest; measuring 0.8 x 1.2 cm on the anteromedial portion on the 4th

intercostal space, 3.4 cm from the sternal border and another measuring 0.5 x 0.9 cm on the lung apex, immediately caudal to the anterior third clavicle, causing a hairline fracture of the upper boarder of the first rib; 2) The stab wounds resulted inpleural effusion and Hemothorax of the right lung as per chest X-ray findings; 3) The patient is under critical condition, with mechanical ventilation status post insertion of chest tube. As for the respondent Marina Angeles, she remained silent during her detention by Sgt. Pedro Santiago. However, she chose to undergo Inquest Proceedings rather than waive her rights under Art. 125 of the Revised Penal Code, which will subject her to a preliminary investigation. Analyses/Findings and Recommendations Article 249 and Article 6 of the Revised Penal Code specifically state as follows: Art. 249. Homicide. Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. (Italics supplied.) Art. 6 Consummated, Frustrated & Attempted Felonies Consummated felonies as well as those frustrated and attempted are punishable. which are

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrators xxx.(Italics supplied.) In Adame vs CA and People of the Philippines1, the accused was held to be guilty of frustrated homicide. The Court held that such crime was deemed to require the intent of the perpetrator to kill his victim. In People vs. Fortich2, it was held that the intent to kill being an essential element of the offense of frustrated or attempted homicide, said element must be proved by clear and convincing evidence. Indeed, the nature of the weapon used for the attack and the direction at which it was aimed unmistakably showed petitioner's intent to kill.3
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G.R. No. 139830, November 21, 2002 G.R. No. 80399-404. November 13, 1997 3 People vs. Recto, G.R. No. 129069, October 17, 2001, p. 25

As reiterated in the case of Cervantes vs People of the Philippines4, what determines the presence of intent to kill is the nature and the extent of the wound inflicted for it must be supported by independent proof showing that the wound inflicted was sufficient to cause the victims death without timely medical intervention. The danger to life of any wound is dependent upon a number of factors: the extent of the injury; the form of the wound; the region of the body affected; the blood vessels; nerves, or organs involved; the entrance of diseaseproducing bacteria or other organisms into the wound; the age and constitution of the person injured; and the opportunities for administering proper surgical treatment. In People vs Raquino5, Appellant used a lethal weapon, a bolo. The thrust "sudden and unexpected" was directed at a vital spot of the body, the abdomen. Were it not for the fact that Agustin Raquinio held the defendant fast and grabbed the bolo from his hand, he would have finished off his victim. The wounds suffered by the latter would have been fatal, were it not for the timely and adequate medical assistance rendered him. Intention to kill, a mental process, may be inferred from the nature of the weapon used, the place of the wound, the seriousness thereof, and the persistence to kill the victim. The facts of the case before us squarely fall under the crime of Frustrated Homicide. The fatal wounds found in Ginas body were directly caused by the kitchen knife (with a scratch and splattered with blood) which was plunged twice into the right side of her chest . Sgt. Santiago reasonably believed that the act of stabbing Gina was committed by Tenorio Palparan and respondent Marina Angeles due to presence of the following circumstances: (1) He heard Mang Tinos voice when he was three meters away from the rear door; (2) He heard Mang Tino utter the question Bakit mo nagawang saksakin si Gina?; (3) He saw blood all over the floor, Gina lying down and trembling; (4) He saw the two accused covered in blood but nonetheless unharmed. The medico legal doctor tasked to evaluate the condition of the victim, Gina del Rio, attested that due to the nature of the wounds, she was placed in a critical condition. The stab wounds penetrated the victim's lungs; causing blood and air to enter the same. The intensity of the wounds would have resulted in the victim's death had it not been for timely medical intervention. Obvious ungratefulness of the accused Marina Angeles was established in the complaint for being a house help of the family. Jurisprudence has established the 4 requisites for such circumstance to be held present in certain situations, (1) that the offended party had trusted the offender; (2) that the offender abused such trust by committing a crime against the offended party; (3) that the act be committed with obvious ungratefulness and (4) the ungratefulness be obvious, clear and manifest ingratitude on the part of the accused.
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G.R. No. 175023, July 5, 2010 G.R. No. L-16488, August 12, 1966

It could be contemplated in this case that when Gina arrived, entering the back door, she was unaware that such events would occur. As a house help, the accused gained the trust of the family, so the succeeding act of stabbing the victim that was allegedly done constitutes obvious ungratefulness, personally to Gina, Manuel and Carla Del Rio. Respondent MARINA ANGELES a.k.a. Manang Maring along with Tenorio Palparan a.k.a. Mang Tino, were both found at the garage by Sgt. Santiago. Particularly, they were found to have blood all over their clothes and were three (3) meters away from the body of the victim who was still trembling and almost lifeless. Marina Angeles and Tenorio Palparan, were soon tied by Sgt. Santiago, and were informed of their Miranda rights prior to their detention and chose to remain silent. In light of this, the Investigating Officer is convinced that the warrantless arrest was made proper pursuant to the exception laid down in Rule 113, Section 5 (b) of the Revised Rules of Court which states: SEC. 5. Arrest without warrant; when lawful.A peace officer or a private person may, without a warrant, arrest a person: x xx (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and x xx The following facts and circumstances based on the personal knowledge of the arresting officer show that there was probable cause to believe that respondent Marina Angeles and Tenorio Palparan had just committed a crime, viz.: 1. The presence of respondent Marina Angeles and Tenorio Palparan at the scene of the crime; 2. The fact that they both had blood all over their clothes; 3. Gina lying on the floor, still trembling from the wounds on her chest; and 4. Palparans statement which Sgt. Santiago overheard prior to entering the rear door.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully recommended that an information for the crime of Frustrated Murder be filed against the respondent MARINA ANGELES. Quezon City, Manila. PATRICIA ANN CRUZ Assistant City Prosecutor APPROVED BY: RIKKI DANIELE LOUIS DE LA PAZ Chief City Prosecutor