GR L 17666; (June, 1966) (Digest)
G.R. No. L-17666 June 30, 1966
ISIDORO MONDRAGON, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, respondent.
FACTS
The petitioner, Isidoro Mondragon, was prosecuted for frustrated homicide. The Court of First Instance of Iloilo found him guilty of attempted homicide and sentenced him accordingly. The Court of Appeals affirmed this decision. The case is before the Supreme Court on a petition for certiorari. The facts, as found by the Court of Appeals, state that on July 11, 1954, complainant Serapion Nacionales was opening a dike to drain his ricefield when petitioner Mondragon, after shouting at him to stop, approached and tried to hit him. When Nacionales dodged, Mondragon drew his bolo and struck Nacionales on different parts of his body. Nacionales then unsheathed his own bolo and hacked Mondragon in self-defense, after which Mondragon retreated. Nacionales’s injuries, as certified by a doctor, were incised wounds that would heal in 20 to 25 days and were not necessarily fatal. The Court of Appeals inferred Mondragon’s intent to kill from his admission in court that “he would do everything he could to stop Nacionales from digging the canal because he needed the water.”
ISSUE
Whether the Court of Appeals erred in finding petitioner guilty of attempted homicide instead of less serious physical injuries, specifically, whether the facts conclusively establish the petitioner’s intent to kill the offended party.
RULING
The Supreme Court ruled in favor of the petitioner, modifying the decision. It held that the intent to kill, an essential element of frustrated or attempted homicide, was not conclusively proven. The petitioner’s admission in court, made almost five years after the incident, was not a categorical statement of an intent to kill and should be construed in his favor. The circumstances—that the assault began with fist blows, the inflicted wounds were not fatal and would heal in less than 30 days, and the petitioner retreated when the offended party fought back—indicated no homicidal intent. Therefore, the offense committed was only less serious physical injuries under Article 265 of the Revised Penal Code. The petitioner was sentenced to three months and fifteen days of arresto mayor.