Intent to kill


The killer's intent to kill determines whether the crime committed is physical injuries or homicide and such intent is made manifest by the acts of the accused which are undoubtedly intended to kill the victim. In People vs. Almazan, the Supreme Court rejected the accused’s claim that he should be convicted of slight physical injuries only as the he was motivated by the same impetus and intent, i.e., to exact vengeance and even kill, if necessary, when he shot the victim therein. (People vs. Palaganas, G.R. No. 165483, 12 September 2006)

The fact that the wound was merely a minor injury which could heal in a week becomes inconsequential. (People vs. Gonzalez, G.R. No. 139542, 21 June 2001, 359 SCRA 220)