De Guzman V People Digest

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

DE GUZMAN JR v.

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

You might also like