GR 44727; (August, 1937) (Digest)
G.R. No. 44727 ; August 28, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. PEDRO PACUBAS and FERNANDO PACUBAS, defendant-appellees.
FACTS
An information was filed charging the accused with frustrated homicide for assaulting Pedro Reyes with intent to kill, inflicting wounds that required medical attendance for more than ten but less than thirty days. The accused filed a demurrer, arguing the information charged more than one offense (frustrated homicide and less serious physical injuries). The trial court sustained the demurrer and, upon the fiscal’s refusal to amend, dismissed the case. The prosecution appealed.
ISSUE
Whether the information is defective for allegedly charging two offenses (duplicity).
RULING
No. The information charges only one offense of frustrated homicide. The acts constituting the physical injuries are essential elements of the charged frustrated homicide, as the intent to kill was allegedly executed through the infliction of those wounds. A lighter offense (physical injuries) is necessarily included in the graver offense (frustrated homicide) when it forms an integral part thereof. The specification of the seriousness of the wounds is material to establish the link between the act of wounding and the alleged intent to kill. The demurrer was overruled, and the case was remanded for trial.
AI Generated by Armztrong.