Case Digest (G.R. No. 28201)
Facts:
- Defendant: Pablo Villanueva
- Accused of the offense of frustrated parricide
- Incident occurred in the municipality of Balasan, Province of Iloilo, on June 23, 1927
- Prior ill feelings between Villanueva and his wife, Salvacion Tesoro
- Villanueva had threatened his wife with a hatchet a few days before the incident
- Tesoro had a dispute with Villanueva's younger sister on the day in question
- Villanueva intervened and said that lightning would strike soon and there would be a cutting
- Villanueva approached Tesoro with a hatchet and struck her on the head, causing a non-dangerous gash
- He attempted to strike her again, but she parried the blow with her hand, fracturing a bone in her wrist
- Tesoro evaded a third blow, and the handle of the hatchet struck her shoulder
- The wife of Villanueva's brother intervened and stopped the assault
Issue:
- (Unlock)
Ruling:
- The court reversed the judgment of the lower court
- Villanueva was convicted of the offense of lesiones menos graves, or minor physical injuries, punishable under article 418 of the Penal Code
- The court found that the ev...(Unlock)
Ratio:
- Before an accused can be convicted of frustrated or attempted homicide in cases of violence against a person, the intention to take life must be proved with the same certainty as other elements of the offense
- The law presumes that the actor intended the ...continue reading
Case Digest (G.R. No. 28201)
Facts:
The case of People v. Villanueva involves the defendant, Pablo Villanueva, who was accused of the offense of frustrated parricide. The incident occurred on June 23, 1927, in Balasan, Iloilo. Prior to the incident, there had been ill feelings between the accused and his wife, Salvacion Tesoro. The accused had even threatened his wife with a hatchet a few days before the incident. On the day in question, the accused intervened in a verbal altercation between his wife and her younger sister, stating that there would be harm done. The sister left, and the wife turned away. However, the accused approached his wife with a hatchet and struck her on the head, causing a non-dangerous gash. He then attempted to strike her again, but she parried the blow with her hand, resulting in a fractured bone in her wrist. The accused tried to strike her a third time, but she evaded the blow. Another woman, the wife of the accused's brother, intervened and stopped the assault. The head wound took fifteen days to heal, and the use of her forearm was not fully recovered until twenty-five days later. The accused was found guilty of frustrated parricide by the Court of First Instance of Iloilo and was sentenc...