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De Guzman V People Digest
De Guzman V People Digest
De Guzman V People Digest
People
Case Name
Alfredo de Guzman Jr. v. People of the Philippines
Topic Factors to determine Intent
Case No. |
178512 | 26 Nov 2015
Date
Ponente Bersamin, J.
C went out of his rented house to fetch water. While he was doing so, P hit him on the nape. 2
Case hours later P, went out again to continue fetching water when P appeared again and stabbed him
Summary on his face and chest. P was charged by the RTC of frustrated homicide. He filed for an appeal
and the CA affirmed RTC’s decision
Decision Appeal dismissed, decision of RTC affirmed
Doctrine
RELEVANT FACTS
September 27, 2006: CA affirmed conviction of P (De Guzman) for frustrated homicide committed
against Alexander Flojo (RTC, Sept 10, 2003)
December 24, 1997: Alexander fetching water below his rented house, P who was the brother of
landlady, Lucila, hit him on the nape. Alexander told Lucila and Lucila apologized and just told him to
go upstairs. 2 hours later, Alexander went back down to fetch for water, and P appeared and stabbed
him on his left face and chest. Cirilino (son in law) saw Alexander and Alexander told Cirilino that P
Stabbed him.
Alexander sustained 2 stabbed wounds: 1 cm upper left chest, and thoracic left wall and lung (fatal)
P denied and said he found alexander fixing alexander and accidentally hit his back resulting in fist
fight
Penalty: 6 months-6 years imprisonment and pay compensatory damage (P14,170.35)
CA denied P’s motion for reconsideration (May 2, 2007)
RATIO DECIDENDI
Issue Ratio
Was P properly YES
found guilty
beyond reasonable Intended to kill: external manifestations
doubt of frustrated
-use of deadly weapon in assult
homicide?
-fatal or mortal wound
RULING
WHEREFORE, premises considered, the instant appeal is DISMISSED. Decision of RTC is affirmed
SEPARATE OPINION/S
NOTES