Αποτελέσματα Αναζήτησης
The Antecedent Facts. Petitioner was charged with the crime of frustrated homicide in an Information 4 dated June 19, 2003 which reads:
- G.R. No. 214426
The Facts. In an Information dated March 9, 2006, petitioner...
- G.R. No. 214426
For example, in the crime of murder, if the offender commits all of the elements to qualify the crime of murder – but the victim survives or does not die, then the crime is frustrated murder. It would have been consummated murder if the victim died as killing is an important element in murder.
The Facts. In an Information dated March 9, 2006, petitioner and four other accused were charged with frustrated murder for the attack on private complainant Reynaldo Gutierrez y Suacoco (Gutierrez), the accusatory portion of which reads:
The distinction between frustrated and attempted murder lies primarily in the perpetrator’s completion of all the actions necessary to commit the crime, which, in frustrated murder, are adequate to cause death under normal circumstances.
In Philippine law, both frustrated murder and homicide pertain to the unlawful killing of a person, but they differ in intent, circumstances, and the degree of crime completion. To understand how frustrated murder can be reclassified as homicide, it's essential to distinguish the elements of each:
An essential element of Murder and Homicide, whether in their consummated, frustrated or attempted stages, is intent of the offenders to kill the victim immediately before or simultaneously with the infliction of injuries.
Accused-appellants are guilty of attempted homicide. The elements of frustrated homicide are: (1) the accused intended to kill his victim, as manifested by his use of a deadly weapon in the assault; (2) the victim sustained fatal or mortal wound/s but did not die because of timely medical assistance; and (3) none of the qualifying circumstance ...
