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The accused, Juan dela Cruz, was charged with frustrated murder for shooting Khaleesi Targaryen on February 14, 2019 in San Fernando City, La Union. Juan dela Cruz pleaded guilty to the lesser charge of serious physical injuries. The court found Juan dela Cruz guilty and sentenced him to 6 months up to 4 years and 2 months in prison. Juan dela Cruz was also ordered to pay Khaleesi Targaryen 452,759.25 pesos in actual damages and 100,000 pesos in moral damages.

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Geraldine Salazar-Lucero
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1K views

Sample Decision

The accused, Juan dela Cruz, was charged with frustrated murder for shooting Khaleesi Targaryen on February 14, 2019 in San Fernando City, La Union. Juan dela Cruz pleaded guilty to the lesser charge of serious physical injuries. The court found Juan dela Cruz guilty and sentenced him to 6 months up to 4 years and 2 months in prison. Juan dela Cruz was also ordered to pay Khaleesi Targaryen 452,759.25 pesos in actual damages and 100,000 pesos in moral damages.

Uploaded by

Geraldine Salazar-Lucero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 28
CITY OF SAN FERNANDO, LA UNION

People of the Philippines,


Plaintiff Criminal Case No.12345
-versus- For: Frustrated Murder

Juan dela Cruz ,


Accused
x---------------------------------x

DECISION

The accused stand charged of the offense of Frustrated Murder in


the Information filed by Associate City Prosecutor Violet Evergarden dated
January 10, 2020, the details of which hereto quoted, as follows:

The undersigned, Assistant City Prosecutor,


accuses JUAN DELA CRUZ of the crime of FRUSTRATED
MURDER, committed as follows:

That on or about the 14 th of February 2019, in the


City of San Fernando, Province of La Union, Philippines,
and within the jurisdiction of this Honorable Court, the
above-named accused JUAN DELA CRUZ, with
treachery, evident premeditation, and night time and
with intent to kill and being then armed with a firearm,
did then and there willfully, unlawfully and feloniously
attack, assault and shoot one KHALEESI D. TARGARYEN,
hitting and inflicting gunshot wound on the different
parts of the body of said KHALEESI D. TARGARYEN, thus
performing all the acts of execution which would have
produced the crime of Murder as a consequence but
which, nevertheless, did not produce it by reason of
causes independent of his will, that was the timely and
able medical attendance given to the offended party,
which prevented her death, to her damage and
prejudice.

That the aggravating circumstance of the use of


ARMSCOR Cal. 9MM with Serial Number 123456X in the
commission of the crime is present.
CONTRARY TO LAW.

San Fernando City, La Union, January 10, 2020

Sgd. Violet
Evergarden
Assistant City Prosecutor

APPROVED:

Sgd. SHELDON A. COOPER


City Prosecutor

When the accused was re-arraigned for the lesser crime of Serious
Physical Injuries under Article 263 (3) of the Revised Penal Code, by
reading the Information in a language or dialect known and understood by
the accused, assisted by his counsel Atty. Hazel Bizcarra, accused entered a
plea of guilty. The private complainant Khaleesi Targaryen consented to
and the public prosecutor Prosecutor Myriam Arisse Sagsago conformed
with the accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the accused


JUAN DELA CRUZ GUILTY beyond reasonable doubt of the crime of
Serious Physical Injuries, defined and penalized under Article 263 (3) of
the Revised Penal Code, and is hereby sentenced to suffer the
indeterminate penalty of six (6) months of Arresto Mayor as minimum to
four (4) years and two (2) months of Prision Correccional as maximum.

The accused is further ordered to pay KHALEESI D. TARGARYEN


the amount of P 452,759.25 as actual damages proven thru official
receipts and cost of suit. The accused likewise shall pay moral damages in
the amount of P 100,000.00 to the complainant with legal interest at the
rate of six (6%) per annum on all damages awarded from finality of this
judgment until fully paid.

The period within which the accused was detained shall be credited
to him in full, as long as he abides by and follows strictly the rules and
regulations of the institution where he is detained or confined.

SO ORDERED.
City of San Fernando, La Union, February 07, 2020.

Andrew S. Lucero
JUDGE

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