People vs. Ravelo (Digest)

People vs. Ravelo

202 SRCA 655 (1991)

Facts:

Accused-appellants allegedly kidnapped by means of force one Reynaldo Gaurano on May 21, 1984. They then detained Reynaldo at the house of Pedro Ravelo, one of the accused.  Accused-appellants assaulted, attacked, and burned Reynaldo Gaurano and latter die as consequence thereof.

On May 22, 1984; the accused-appellants kidnapped by means of force Joey Lugatiman and was brought to Ravelo's house where he was tortured. Lugatiman was able to escape.

Lugatiman reported what happened to him and to Gaurano to the police authorities. RTC convicted the accused-appellants of murder of Gaurano and frustrated murder of Lugatiman.

In this appeal, counsel contends that there can be no frustrated murder absent any proof of intent to kill, which is an essential element of the offense of frustrated murder.  

Issue: 

Whether the statement by the accused stating that “Lugatiman” would be killed is sufficient proof of intent to convict a person of frustrated murder.

Held: 

No

Ratio: 

In a crime of murder or an attempt of frustration thereof, the offender must have the intent or the actual design to kill which must be manifested by external acts. A verbal expression is not sufficient to show an actual design to perpetrate the act. Intent must be shown not only by a statement of the aggressor, but also by the execution of all acts and the use of means necessary to deliver a fatal blow while the victim is not placed in a position to defend himself.