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PEOPLE v. ENRICO A. VALLEDOR

This case has been cited 3 times or more.

	GR No. 187682 2009-11-25	PEOPLE v. ROMAN LACADEN Y PARINAS CHICO-NAZARIO, J.
Having commenced the criminal act by overt acts but failing to perform all acts of execution as to produce the felony by reason of some cause other than his own desistance, accused-appellant committed an attempted felony.[18] Accused-appellant commenced his attack with a manifest intent to kill by shooting Jay, but failed to perform all the acts of execution by reason of causes independent of the former's will, that is, poor aim and the swiftness of the latter in escaping. The bullet wound inflicted on Jay's chest was not sufficient to cause his death. The settled rule is that where the wound inflicted on the victim is not sufficient to cause his death, the crime is only attempted murder, since the accused did not perform all the acts of execution that would have brought about death.[19]
	GR No. 185285 2009-10-05	PEOPLE v. PAUL ALIPIO VELASCO JR., J.
The moral and legal presumption is always in favor of soundness of mind; that freedom and intelligence constitute the normal condition of a person.[25] It is improper to assume the contrary.[26] This presumption, however, may be overcome by evidence of insanity, which, under Art. 12(1) of the RPC, exempts a person from criminal liability.
	GR NO. 166479 2006-02-28	RODOLFO C. VELASCO v. PEOPLE CHICO-NAZARIO, J.
Having commenced the criminal act by overt acts but failing to perform all acts of execution as to produce the felony by reason of some cause other than his own desistance, petitioner committed an attempted felony. Petitioner already commenced his attack with a manifest intent to kill by shooting private complainant seven times, but failed to perform all the acts of execution by reason of causes independent of his will, that is, poor aim and the swiftness of the latter. Private complainant sustained a wound on the left arm that is not sufficient to cause his death. The settled rule is that where the wound inflicted on the victim is not sufficient to cause his death, the crime is only attempted murder, since the accused did not perform all the acts of execution that would have brought about death.[50]