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People vs.

Pentecostes
Facts
1. 2 September 1998- Rudy was drinking with his brother-in-law
2. After this, he left and went to Siababas house to buy coffee and sugar,
accompanied by his 4 year old son
3. A gray automobile came from opposite direction passed by them. The vehicle
moved backward towards them, paused, then the driver of the vehicle, Parrod, drew
a gun and shot Rudy once hitting him just below his left armpit.
4. Rudy ran at the back of the vehicle, while Parrod left. Rudy and son headed to
seashore then went back to the place where he was shot and shouted for help.
5. People brought him to the municipal hall of Gonzaga, Cagayan where he was
interrogated by a policeman.
6. He was brought to Don Alfonso Ponce Memorial Hospital. The following day, he
was discharged. He filed an information charging Parrod of frustrated murder.
7. RTC ruled that it should be attempted murder; CA ruled it should be less serious
physical injuries.
Held
SC affirmed CA decision. The principal and essential element of attempted or
frustrated murder is the intent on the part of the assailant to take the life of the
person attached. It should be proved in a clear and evident manner. In the present
case, intent to kill could not be inferred. Parrod only shot victim once and did not hit
any vital part of Rudys body. Also, the wound, according to the medico-legal
certificate issued by the doctor only required 10 days of medical attendance. In fact,
he was discharged the following day. Parrod should only be guilty of less serious
physical injuries under Art 265 of RPC.

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