This case has been cited 2 times or more.
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2010-12-15 |
CARPIO MORALES, J. |
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| Noting the Court's Decision in People v. Asuela[4] where the conviction of five of appellant's co-accused was affirmed by this Court, the appellate court affirmed the presence of conspiracy and abuse of superior strength in the cases against appellant. | |||||
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2006-09-12 |
CHICO-NAZARIO, J. |
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| 2.) In frustrated felony, the reason for the non-accomplishment of the crime is some cause independent of the will of the perpetrator; on the other hand, in attempted felony, the reason for the non- fulfillment of the crime is a cause or accident other than the offender's own spontaneous desistance. In addition to these distinctions, we have ruled in several cases that when the accused intended to kill his victim, as manifested by his use of a deadly weapon in his assault, and his victim sustained fatal or mortal wound/s but did not die because of timely medical assistance, the crime committed is frustrated murder or frustrated homicide depending on whether or not any of the qualifying circumstances under Article 249 of the Revised Penal Code are present.[55] However, if the wound/s sustained by the victim in such a case were not fatal or mortal, then the crime committed is only attempted murder or attempted homicide.[56] If there was no intent to kill on the part of the accused and the wound/s sustained by the victim were not fatal, the crime committed may be serious, less serious or slight physical injury.[57] | |||||