Tuesday, October 2, 2012

JUSTICE MARTIN VILLARAMA, JR.: IF THE VICTIM DIES AS A RESULT OF A DELIBERATE ACT OF THE MALEFACTORS, INTENT TO KILL IS PRESUMED:


Intent to kill and not motive is the essential element of the offense on which her conviction rests. Evidence to prove intent to kill in crimes against persons may consist, inter alia, in the means used by the malefactors, the nature, location and number of wounds sustained by the victim, the conduct of the malefactors before, at the time, or immediately after the killing of the victim, the circumstances under which the crime was committed and the motives of the accused. If the victim dies as a result of a deliberate act of the malefactors, intent to kill is presumed (PEOPLE OF THE PHILIPPINES vs. SUSAN LATOSA y CHICO, G.R. No. 186128, June 23, 2010, VILLARAMA, JR., J.).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.