This case has been cited 1 times or more.
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2002-09-17 |
BELLOSILLO, J. |
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| As shown above, the actual nature of the wound on the left buttock of Florencia Cabatu indicated that it was not fatal nor that it was infected with tetanus at the time it was inflicted.[14] If in the realm of possibility tetanus could at all infect Florencia Cabatu's wound and make it mortal or fatal, the disease would only constitute an efficient intervening cause, therefore, distinct and foreign to the crime. Hence, we cannot conclude that all the acts of execution had been performed by accused-appellant to kill the hapless woman, for to classify the crime in the frustrated stage, the rule is that the probable death of the victim must be the direct, natural and logical consequence of the wounds inflicted upon him by the accused and, since we are dealing with a criminal conviction, that there be proof thereof beyond reasonable doubt.[15] Moreover, as has been established in the court a quo, accused-appellant failed to complete all the acts of execution because Florencia Cabatu was able to evade him and hobble to the vicinity of the detachment of the barangay civilian security force. The trial court also erred in not crediting accused-appellant with the mitigating circumstance of voluntary surrender. As can be gleaned from the testimony of SPO3 Victoriano Ramos who was one of the arresting police officers, at 5:00 o'clock in the afternoon of the same day | |||||