G.R. No. L-2735

FACTS:
The defendant-appellant, Francisco Reyes, was charged with and convicted by the trial court of the crime of frustrated homicide. He was sentenced to six years and one day of imprisonment at hard labor. The prosecution’s evidence established that Reyes committed an assault against the victim, resulting in injuries.

ISSUE:
Whether or not the facts established by the record constitute the crime of frustrated homicide.

RULING:
No. The Supreme Court reversed the judgment of the trial court.
The Court, agreeing with the Solicitor-General, held that the essential element of frustrated homicide is the clear and evident intent (animus necandi) to kill the victim. The record lacked proof beyond doubt of such intent on the part of the defendant. Consequently, his acts constituted only the crime of lesiones menos graves (less serious physical injuries), as the injuries required more than eight but less than thirty days to heal, penalized under Article 418 of the Penal Code.
The defendant was instead sentenced to three months of arresto mayor, with credit for half of his preventive imprisonment, and ordered to indemnify the offended party.