G.R. No. 3129

Parties:
Plaintiff-Appellee: The United States
Defendant-Appellant: W.B. Barnes

FACTS:
The accused, W.B. Barnes, inflicted a knife wound approximately 2 inches wide and 3 inches deep on the left iliac region of M.D. Wright. The wound touched the crest of the hip bone and affected the abdominal muscles but did not penetrate the abdominal cavity. The aggressive act stemmed from Wright’s attempt to collect payment for two glasses of beer consumed by Barnes, who refused to pay. Upon refusal, Wright advised Barnes to pay, prompting Barnes to suddenly draw a knife and stab Wright without warning. Barnes then fled the scene, having also stabbed another individual who came to Wright’s aid. Barnes was apprehended by the police hours later. The lower court convicted Barnes of attempted homicide and imposed a penalty of three years’ imprisonment at hard labor and an indemnity of $171 to Wright.

ISSUE:
Whether the act of the accused constituted attempted homicide or should be qualified as “lesiones menos graves” (less serious physical injuries), considering the intent of the accused and the nature of the wound.

RULING:
The Supreme Court reversed the judgment of the lower court. The Court found that the evidence did not sufficiently establish the essential element of intent to kill required for attempted homicide. The motive, the character of the wound, and the accused’s flight were not deemed conclusive proof of an intent to cause death rather than merely to wound. The Court agreed with the prosecuting attorney’s qualification of the offense as “lesiones menos graves” under Article 418 of the Penal Code. However, the Court considered the aggravating circumstance of treachery due to the unexpected nature of the attack. Consequently, Barnes was sentenced to six months’ imprisonment (arresto mayor) and ordered to pay an indemnity of $171 to the aggrieved party. In case of insolvency, subsidiary imprisonment was to be suffered. The time already spent in imprisonment was credited to him.