This case has been cited 1 times or more.
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2009-05-08 |
VELASCO JR., J. |
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| Under Article 13(3) of the Code, the circumstance that the offender had no intention to commit so grave a wrong as that committed mitigates criminal liability. This mitigating circumstance addresses itself to the intention of the offender at the particular moment when the offender executes or commits the criminal act.[27] Looking at the victims' wounds, however, we cannot count the circumstance in accused-appellant's favor. Adrian suffered a hacking wound on his left forearm that caused near amputation, and another one on his lumbar area. These wounds would have been fatal were it not for timely medical assistance. Oliver, on the other hand, bore the brunt of the attack with eleven (11) different stab wounds, including one on the skull and on the chest. The number, location, and nature of these stab wounds belie accused-appellant's claim of lack of intention to commit so grave a wrong against his victim.[28] | |||||