BENJAMIN P. MARTINEZ, v CA G.R. No.

168827

Facts:

Petitioner was charged and convicted of frustrated homicide by the lower

court and subsequently affirmed by the CA. This is a petition for a review
on certiorari of the decision.

Issue: Whether or not, the the accused is guilty beyond reasonable

doubt of the crime of Frustrated homicide?

Held:

Petitioner argued that he should be convicted of less serious physical

injuries only, absence the element of intent to kill.

The Court says otherwise.

If one inflicts physical injuries on another but the latter survives, the crime
committed is either consummated physical 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 the following: (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 are
inflicted by him on the victim.

Decision is affirmed, with modification. Petitioner is hereby found guilty beyond

reasonable doubt of Frustrated Murder.