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ALFREDO DE GUZMAN, JR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

ALFREDO DE GUZMAN, JR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 178512 | 2014-11-26

FIRST DIVISION

D E C I S I O N

BERSAMIN, J.:

Frustrated homicide requires intent to kill on the part of the offender. Without proof of such intent, the felony may only be serious physical injuries. Intent to kill may be established through the overt and external acts and conduct of the offender before, during and after the assault, or by the nature, location and number of the wounds inflicted on the victim.

The Case
 
Under review at the instance of the petitioner is the decision promulgated on September 27, 2006,1 whereby the Court of Appeals (CA) affirmed his conviction for frustrated homicide committed against Alexander Flojo under...