G.R. No. L-2642

FACTS:
The defendant-appellant, Fabiana Manlalang, suddenly and unexpectedly assaulted Severa Villanueva in the street, inflicting two non-deep wounds with a pocketknifeone on the right arm and another on the left side of the body. The wounds healed within thirteen days. The injured party was unarmed and had no opportunity to defend herself. After inflicting the wounds, the defendant threw away the knife and remained quietly beside Severa without attempting further injury. There was no evidence of prior ill feeling or motive to kill. The trial court convicted the defendant of attempted homicide.

ISSUE:
Whether the acts of the defendant constitute the crime of attempted homicide or the lesser crime of lesiones (physical injuries).

RULING:
The Supreme Court reversed the trial court’s judgment. The crime committed is not attempted homicide but lesiones menos graves (less grave physical injuries) under Article 418 of the Penal Code. For attempted homicide, a specific intent to kill is essential. Here, the nature of the weapon (a pocketknife), the character of the wounds (mild and non-deep), the absence of any motive to kill, and the defendant’s cessation of attack and peaceful demeanor immediately after inflicting the wounds negate the presence of such intent. The evidence shows the defendant only intended to wound the victim. The aggravating circumstance of treachery (alevosía) was present due to the sudden and unexpected assault. The Court sentenced the defendant to four months and one day of arresto mayor, an indemnity of 20 pesos to the offended party, and credited her with half of her preventive detention.