Sison, Carl Samuel F.

ESCAMILLA Vs. People

G.R. No. 188551 : February 27, 2013

SERENO, J.:

C. Classification of Felonies

1) Intentional

Facts:

The petitioner Edmundo Escamilla (Escamilla) shot Virgilio Mendol (Mendol) four times hitting him once in the upper right
portion of his chest, near his own store, inflicted a wound necessarily fatal and mortal, thus performing all the acts of execution
which should have produced the crime of Homicide as a consequence, but nevertheless did not produce it by reason causes,
independent of his will, that is by the timely and able medical assistance rendered to said Mendol which prevented his death.

The documentary evidence and testimonies presented by Mendol, Velasco, Garcelazo and the doctor positively identified him as
a shooter of Mendol. The defense of petitioner offered the results of the paraffin test yielded negative and the transcript of
stenographic notes taken during the courts ocular inspection of the crime scene. The RTC ruled that the positive testimonies of
eyewitnesses deserve far more weight and credence than the defense of alibi. The CA also ruled against the petitioner which held
that the credibility of witnesses is within the domain of the trial court, which is in a better position to observe their demeanor.
Hence, this petition.

Issue:

Is the crime committed by Escamilla an intentional felony?

Ruling:

The intent to kill, as an essential element of homicide at whatever stage, may be before or simultaneous with the infliction of
injuries. The evidence to prove intent to kill may consist of the means used; nature, location and number of wounds sustained by
the victim; and the conduct of the malefactors before at the time of or immediately after the killing of the victim. In this case, the
petitioner voluntarily shot Mendol and the victim sustained a fatal wound in the chest followed by three more consecutive gunshots
which missed the target. The nature and location of the wound inflicted is fatal which could have resulted to the death of the
victim if not immediately brought to the hospital as is in accordance with the doctor’s testimony. Thus, the petition is denied.