Practice question
An attacker intentionally stabs a victim, who describes visible internal tissue. The physician does not testify to gravity, and certificates merely identify location. Other attempt requirements are proved. The prosecution insists the dramatic description alone conclusively proves the frustrated stage. Which is sound?
- Do not assume completion of the lethal execution phase without the necessary proof of fatality; Serrano supports attempted rather than frustrated homicide on the stated evidentiary gap.
- Every vivid description conclusively proves a mortal wound.
- A missing medical proposition is automatically supplied by accusation.
- Intent alone proves every execution act complete.
- The seriousness of fear replaces proof of wound gravity.
Legal references
- Revised Penal Code, Articles 6-8 and 304-305 (cited provisions): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Serrano v. People, G.R. No. 175023, July 5, 2010, main decision, proof of wound gravity and execution stage: https://lawphil.net/judjuris/juri2010/jul2010/gr_175023_2010.html
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