Case Summary (G.R. No. L-5335)
Case Background
Lim San was convicted of the crime of attempted murder and sentenced to seven years of presidio mayor and to pay one-third of the trial costs. The offense occurred on October 18, 1908, when Lim San allegedly assaulted Keng Kin with a bolo, inflicting several wounds that could have been fatal had it not been for prompt medical assistance. The prosecution provided witnesses who testified that Lim San attacked Keng Kin without any provocation.
Evidence and Testimony
Evidence presented by the prosecution included the testimonies of Keng Kin, Chua Hung, and Gregorio Mariano, who recounted the attack. They confirmed that Keng Kin was distracted by his dog, thus making him unprepared for the assault. Each witness identified Lim San as the perpetrator. The defense presented an alibi, which was contradicted by prosecution witnesses. The trial court determined that the prosecution’s witnesses were more credible than the accused’s.
Court's Findings on Credibility
The trial court observed the demeanor and credibility of the witnesses, ultimately choosing to rely on the prosecution’s testimonies, which presented no inherent improbabilities or credibility issues. It acknowledged that the assault occurred in darkness and took advantage of the victim’s unpreparedness, indicating that the method of attack was malicious and treacherous.
Classification of the Crime
The ruling originally categorized the crime as attempted murder; however, upon review, the court found it more accurately classified as frustrated murder. The distinction rests on the fact that in frustrated murder, the accused believes they have completed all necessary acts to consummate the crime, whereas, in attempted murder, the accused desists involuntarily from completion due to factors beyond their control.
Legal Significance of the Charges
The court examined the information provided by the prosecuting attorney, noting a typographical inconsistency between the caption designating the crime as “attempted assassination” and the factual allegations describing frustrated assassination. It held that the facts elicited during the trial would determine the nature of the crime, affirming that the characterization in the caption did not overshadow the body of the pleading.
The Nature of Criminal Allegations
The judgment emphasized that the essence of criminal actions lies in factual disputes, not semantic contradictions. The court asserted that technical designations do not comprise essential rights for defendants. Under the relevant statutes, an accused’s defense should focus on the facts presented rather than the labels assigned to those facts.
Sentencing and Penalty
Under Article 407 of the
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Case Overview
- The case involves the conviction of Lim San for the crime of attempted murder, following an assault on Keng Kin.
- The incident occurred on October 18, 1908, in Manila, where Lim San attacked Keng Kin with a bolo, inflicting several wounds.
- The trial court sentenced Lim San to seven years of presidio mayor and required him to pay one-third of the trial costs.
Facts of the Case
- Lim San attempted to kill Keng Kin by assaulting him with a bolo, resulting in multiple wounds, one of which was nearly fatal.
- Keng Kin was distracted and unsuspecting when he was attacked, focusing on a dog he had with him.
- Witnesses, including Keng Kin, Chua Hung, and Gregorio Mariano, testified that Lim San attacked without provocation and could identify him as the assailant.
- The defense presented an alibi, but the trial court found the prosecution’s witnesses more credible.
Legal Findings
- The court concluded that Lim San acted with alevosia (treachery), as he attacked Keng Kin suddenly and without warning.
- The crime, as framed by the court, was initially classified as attempted murder.
- The court later determined that the crime should be categorized as frustrat