Suspect charged over slay attempt

THE OFFICE of the City Prosecutor found probable cause to indict a suspect for trying to kill his neighbor at Purok 12, Barangay Tibungco, Bunawan District on March 5.

Arnestes L. Morales is charged by prosecutor Joy C. Bernales-Largo for attempted homicide under Art. 249 in relation to Art. 6, paragraph (3) of the Revised Penal Code.

The case stemmed from the complaint of Simar C. Asari who alleged that he was standing at an alley near their house when a reportedly drunk Molares hit him with his elbow.

Asari confronted him and the suspect became angry and went home. He came looking for the suspect and now armed with a knife. He then allegedly stabbed Asari, who managed to parry the attacks. Ultimately, he grabbed a chair and struck the suspect with it.

The two daughters of Morales later arrived and pacified their father. Morales was initially charged for frustrated murder but Bernales-largo downgraded the complaint.

The prosecutor noted that the intent to kill is present in the case but she believes that the respondent should be indicted for attempted homicide.

“The offense charged by the complainant against the respondent is frustrated murder. But the undersigned believes that the crime committed by respondent is only attempted homicide for the following reasons: first, none of the qualifying circumstance mentioned in the Article 248 of the Revised Penal Code, as amended, is present,” the resolution read.

The resolution added that “Second, the respondent commenced the crime of homicide directly by overt acts, but did not perform all the acts of execution which should have produced the said crime due to some cause or incident that the respondent’s spontaneous desistance, that is Asari was able to evade some of the attempts of Morales and was able to hit the latter with a chair which made the latter lose possession of the knife.”

Bernales-Largo said that the injuries suffered by Asari were not fatal.

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