This case has been cited 2 times or more.
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2015-01-12 |
PERALTA, J. |
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| Petitioners question the inclusion of the phrase "not necessarily mortal" in the allegations in the Information. According to them, the inclusion of that phrase means that there is an absence of an intent to kill on their part. Intent to kill is a state of mind that the courts can discern only through external manifestations, i.e., acts and conduct of the accused at the time of the assault and immediately thereafter. In Rivera v. People,[12] this Court considered the following factors to determine the presence of an intent to kill: (1) the means used by the malefactors; (2) the nature, location, and number of wounds sustained by the victim; (3) the conduct of the malefactors before, at the time, or immediately after the killing of the victim; and (4) the circumstances under which the crime was committed and the motives of the accused. This Court also considers motive and the words uttered by the offender at the time he inflicted injuries on the victim as additional determinative factors.[13] All of these, were proven during the trial. Needless to say, with or without the phrase, what is important is that all the elements of attempted murder are still alleged in the Information. Section 6, Rule 110 of the Rules on Criminal Procedure states:Sec. 6. Sufficiency of complaint or information. A complaint or information is sufficient if it states the name of the accused; the designation of the offense by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate time of the commission of the offense; and the place wherein the offense was committed. | |||||
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2010-07-05 |
BRION, J. |
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| Intent to kill is a state of mind that the courts can discern only through external manifestations, i.e., acts and conduct of the accused at the time of the assault and immediately thereafter. In Rivera v. People,[19] we considered the following factors to determine the presence of an intent to kill: (1) the means used by the malefactors; (2) the nature, location, and number of wounds sustained by the victim; (3) the conduct of the malefactors before, at the time, or immediately after the killing of the victim; and (4) the circumstances under which the crime was committed and the motives of the accused. We also consider motive and the words uttered by the offender at the time he inflicted injuries on the victim as additional determinative factors.[20] | |||||