Good evening, tonight we will present to you our legal opinion on the letter sent by Mr.

Christopher B. Del Corro regarding the two informations of frustrated murder sentenced to him
by the Regional Trial Court. So he wants to clarify if the sentence given to him was accurate.

2nd - 5th Slide - Facts

The facts are as follows:
...

6th Slide - Regional Trial Court's Decision

Considering the facts reiterated, the Regional Trial Court's decision are as follows:
...
7th Slide - Regional Trial Court's Decision
In addition:
...

8th Slide - Applicable Law

In the case at bar, the applicable laws are Article 248 and 249 of the Revised Penal Code:
According to Article 248 of the Revised Penal Code, murder is committed by a person who
kills, under certain circumstances, another person that is not his or her father, mother,
child, ascendant, descendant, or spouse. It provides:
Any person who, not falling within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by reclusin temporal in its
maximum period to death, if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of means or persons
to insure or afford impunity.
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5. With evident premeditation.
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If these qualifying circumstances are not present or cannot be proven beyond reasonable doubt,
the accused may only be convicted with homicide, defined in Article 249 of the Revised Penal
Code which states...
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.

9th Slide - Mondragon v. People

The following are the jurisprudence that we cited to back-up our opinion...
First is the case of Mondragon v. People. The court held that the Intent to kill must be
proved by clear and convincing evidence."

10th Slide - People v. Villanueva

Next is the case of People v. Villanueva wherein the court stated that It should not be
drawn in the absence of circumstances sufficient to prove such intent beyond reasonable doubt."