Case Digest (G.R. No. L-17666)
Facts:
In the case of Isidoro Mondragon vs. The People of the Philippines (123 Phil. 1328, G.R. No. 1-17666, June 30, 1966), the petitioner, Isidoro Mondragon, was charged with the crime of frustrated homicide in the Court of First Instance of Iloilo arising from an altercation on July 11, 1954. The incident involved the complainant Serapion Nacionales, who was opening the dike of his ricefield in Antandan, Miagao, Iloilo, to drain water for planting. Mondragon opposed this, warning Nacionales not to open the dike, stating that he needed the water. A fight ensued when Mondragon allegedly tried to hit Nacionales and later drew a bolo with which he inflicted several incised wounds on different parts of Nacionales’ body. Nacionales defended himself by also drawing his bolo and hacking Mondragon on the head and forearm. The injuries sustained by Nacionales were medically certified to be slight and capable of healing within 20 to 25 days. The Court of First Instance convicted Mondragon of
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Case Digest (G.R. No. L-17666)
Facts:
- Parties and case background
- Isidoro Mondragon (petitioner) was prosecuted for frustrated homicide before the Court of First Instance of Iloilo.
- The trial court found him guilty of attempted homicide instead and imposed an indeterminate sentence of from months and 21 days of arresto mayor to 2 years, 4 months, and 1 day of prision correccional, including accessory penalties and costs.
- The Court of Appeals affirmed the decision in all respects.
- Incident details as found by the Court of Appeals
- On July 11, 1954, at around 5:00 PM, complainant Serapion Nacionales was opening the dike of his ricefield in Antandan, Miagao, Iloilo to drain water for planting the following day.
- Nacionales heard warnings not to open the dike but proceeded. He noticed Mondragon approaching and explained his purpose.
- Mondragon initially tried to hit Nacionales with his fist but missed, then drew a bolo and inflicted wounds on various parts of Nacionales’ body.
- Nacionales, in self-defense, unsheathed his own bolo and hacked Mondragon on the head, forearm, and between the middle and ring fingers.
- Mondragon then retreated, and Nacionales did not pursue him, going home instead.
- Injuries sustained by Nacionales (certified by Dr. Alfredo Jamandre)
- Incised wound about 2-1/2 inches long and 1/3 inch deep across the angle of the left jaw.
- Incised wound 1-1/2 inches long cutting the bone underneath below the right eye.
- Incised wound about 1 inch long at the lunar side of the left wrist.
- Incised wound about 3-1/2 inches long and 1/2 inch deep at the left side of the lower part of the left arm.
- Incised wounds about 1/2 inch long at the back of the left index, middle, and ring fingers.
- Incised wound about 1 inch long on the palmar side of the left thumb.
- Healing expected from 20 to 25 days barring complications.
- Assessment and legal characterization of offense by the Court of Appeals
- The offense committed was attempted homicide.
- The intention to kill was inferred from Mondragon’s admission during trial that he would do everything to stop Nacionales from opening the dike because he needed the water.
- However, the injuries were characterized as not necessarily fatal.
- Petitioner’s argument on appeal
- Mondragon contended that the facts do not show an intention to kill Nacionales.
- He argued that the act should be qualified as less serious physical injuries, not attempted homicide.
Issues:
- Whether the intention to kill necessary to constitute attempted homicide was sufficiently proven against petitioner.
- Whether the offense committed should be qualified as attempted homicide or less serious physical injuries.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)