Intent to Kill: How Philippine Courts Determine Attempted and Frustrated Homicide

TLDR: This case clarifies how Philippine courts assess ‘intent to kill’ in attempted and frustrated homicide cases. The nature and location of wounds, weapons used, and the actions of the accused are critical factors. Even if initial injuries seem minor, the potential for fatal complications, coupled with the assailant’s actions, can establish the necessary intent.

G.R. NO. 143487, February 22, 2006

Introduction

Imagine a heated argument escalating into a violent attack. The line between a simple assault and a homicide attempt can be blurry, yet the legal consequences are vastly different. In the Philippines, proving ‘intent to kill’ is crucial in distinguishing between physical injuries, attempted homicide, and frustrated homicide. This case, Tommy Ferrer vs. People of the Philippines, delves into the factors Philippine courts consider when determining whether an accused intended to end a victim’s life.

Tommy Ferrer was found guilty of attempted homicide and frustrated homicide for stabbing two brothers, Roque and Ricardo Ferrer. The central legal question was whether the prosecution successfully proved that Ferrer and his brother, Ramon, acted with intent to kill.

Legal Context: Distinguishing Homicide, Attempted Homicide, and Frustrated Homicide

The Revised Penal Code (RPC) distinguishes between consummated, frustrated, and attempted felonies. Understanding these distinctions is crucial for determining the appropriate charges and penalties.

Homicide, as defined in Article 249 of the RPC, is the unlawful killing of another person. However, when death doesn’t occur, the law considers the stage of the crime’s execution.

Frustrated Homicide occurs when the offender performs all the acts of execution that would produce the crime of homicide as a consequence, but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator (Article 6, RPC). The key here is that the intent to kill is present, and the actions would have resulted in death were it not for some external factor, such as timely medical intervention.

Attempted Homicide, on the other hand, arises when the offender commences the commission of the crime directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance (Article 6, RPC). The intent to kill must also be proven.

The critical element that separates these crimes is the “intent to kill” (animus interficendi). This intent is a state of mind, and since it is impossible to directly read a person’s mind, courts must infer it from external factors. As the Supreme Court has consistently held, these factors include:

• The nature of the weapon used
• The location and number of wounds inflicted
• The actions and words of the offender at the time of, before, or immediately after the assault
• The manner and circumstances under which the attack was made

Case Breakdown: The Stabbing Incident and Court Proceedings

The story begins on the evening of April 14, 1990, in Barangay Olo-Cafabrosan, Mangatarem, Pangasinan. Roque and Ricardo Ferrer were walking to their father’s house when they heard their cousin, Ramon, shout offensive words. Ramon was drinking with his brother Tommy, Tommy’s wife Che-Che, and two others.

An argument ensued, and without warning, Ramon stabbed Roque. Ricardo intervened, and Tommy then stabbed Ricardo in the back with an ice pick. Tommy proceeded to stab Roque, while Che-Che hit Roque with a bamboo pole. Ramon resumed his attack on Roque. Robert Tan threw a drinking glass, hitting Roque. The victims were rushed to the hospital.

The brothers Tommy and Ramon Ferrer, along with Che-Che Ferrer and Robert Tan, were charged with frustrated homicide. The cases were consolidated. The procedural journey of the case unfolded as follows:

1. Regional Trial Court (RTC): The RTC found Tommy and Ramon guilty beyond reasonable doubt of Attempted Homicide (for the attack on Ricardo) and Frustrated Homicide (for the attack on Roque). Che-Che was acquitted.
2. Court of Appeals (CA): The CA affirmed the RTC’s decision.
3. Supreme Court (SC): Tommy appealed to the SC, questioning the credibility of the prosecution’s witnesses and the sufficiency of the evidence.

The Supreme Court emphasized the importance of the trial court’s assessment of witness credibility, stating: “Great weight is accorded to the factual findings of the trial court particularly on the ascertainment of the credibility of witnesses; this can only be discarded or disturbed when it appears in the record that the trial court overlooked, ignored or disregarded some fact or circumstance of weight or significance which if considered would have altered the result.”

Furthermore, the Court highlighted the significance of the location and nature of the wounds: “…most of the stab wounds sustained by Roque (on the right and left sides of his chest and on the right side of his abdomen) and Ricardo (on the left side of the abdomen and on the left and right lower back) are located either at the thoracic or abdominal areas, which are delicate portions of the body… A penetrating wound in any of these spots may cause grave injuries that can lead to death.”

The Supreme Court, however, modified the damages awarded, removing compensation for unrealized earnings and certain medical expenses due to lack of sufficient evidence.

Practical Implications: Lessons for Assessing Intent in Assault Cases

This case underscores the importance of proving intent to kill in attempted and frustrated homicide cases. The Ferrer case provides several key lessons for individuals and legal professionals:

• Nature and Location of Wounds Matter: The more vulnerable the body part targeted, the stronger the inference of intent to kill.
• Weapon Used is a Factor: While not always definitive, the type of weapon can indicate the level of intent.
• Actions Speak Louder Than Words: The offender’s behavior during and after the attack is crucial. Fleeing the scene can indicate consciousness of guilt.
• Medical Evidence is Key: Medical certificates detailing the injuries are vital for corroborating the victim’s testimony and establishing the potential for death.

Key Lessons

• Victims: Seek immediate medical attention and document all injuries. Remember specific details of the attack, including the weapon used and the assailant’s actions.
• Accused: Understand that even if the victim survives, the nature of the attack can lead to serious charges if intent to kill is proven.
• Legal Professionals: Focus on gathering comprehensive evidence related to the attack, including witness testimonies, medical records, and forensic reports.

Frequently Asked Questions (FAQs)

Q: What is the difference between attempted homicide and frustrated homicide?

A: Attempted homicide occurs when the offender starts to commit the crime but doesn’t complete all the necessary actions. Frustrated homicide occurs when the offender completes all the actions to cause death, but the victim survives due to external factors like medical intervention.

Q: How does the court determine ‘intent to kill’?

A: The court infers intent to kill from factors like the weapon used, the location and number of wounds, the offender’s actions, and the circumstances of the attack.

Q: What kind of evidence is needed to prove intent to kill?

A: Evidence includes witness testimonies, medical certificates detailing the injuries, forensic reports, and any evidence of the offender’s actions or statements before, during, or after the attack.

Q: Can someone be charged with attempted or frustrated homicide even if the victim’s injuries are minor?

A: Yes, if the evidence shows that the offender intended to kill the victim, the charges can still be attempted or frustrated homicide, even if the injuries initially appear minor.

Q: What happens if the victim dies after the initial charges of attempted or frustrated homicide?

A: The charges can be upgraded to homicide or murder, depending on the circumstances and evidence presented.

Q: What is the role of medical evidence in homicide cases?

A: Medical evidence is crucial in establishing the nature and extent of the injuries, the potential for death, and the cause of death, if applicable. It corroborates the victim’s testimony and helps the court determine the intent of the offender.

ASG Law specializes in criminal law in the Philippines. Contact us or email hello@asglawpartners.com to schedule a consultation.