ALFREDO DE GUZMAN, JR.

,
petitioner vs PP respondent G.R. No. 178512 November 26, 2014
ISSUE: Whether or not the petitioner committed frustrated felony (homicide) .
FACTS:
petitioner, Alfredo Guzman Jr., allegedly hit Alexander Flojo on the nape while the latter was fetching water.
Late,Alfredo suddenly appeared and stabbed Alexander on his left face and chest. Alexander's son-in-law
responded and immediately him rushed to the hospital. Luckily, it showed that the victim sustained two stab
wounds and according to the physician, the second wound was fatal and could have caused Alexander’s death
without the timely medical intervention. Tthe Regional Trial Court convicted the petitioner as guilty beyond
reasonable doubt for the crime of Frustrated Homicide as defined and penalized in Article 250 of the Revised
Penal Code. Further, The petitioner appealed and contended that his guilt was not proven beyond reasonable
doubt; that intent to kill was not established and that the injuries sustained by the victim were mere scuffmarks
inflicted in the heat of anger during their fistfight. The appeal was denied by the CA and reaffirmed the
decision. Hence, the petition before the Supreme Court.
RULING: Yes. The Supreme Court ruled that the appeal lacks merit and that Alfredo De Guzman Jr., is guilty
beyond reasonable doubt of frustrated homicide, Under Article 248 of the Revised Penal Code, the elements of
frustrated homicide are present in the case at bar, (1) the accused intended to kill the victim as manifested by
his use deadly 
weapon in his assault (2) the victim sustained fatal or mortal wound but did not die because of timely medical
assistance (3) and none of the qualifying circumstance for murder is present.