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ABBERATIO ICTUS (MISCARRIAGE IN the partition in the direction where the shots

THE BLOW) RPC. ARTICLE 4 (1) originated, he saw three men about to leave
Definition: Mistake in the blow, that is, when the place, two of whom were Esteban and
the offender intending to do an injury to one Mate. Maravilla realized that he had been
person actually inflicts it on another wounded by gunshots, which also
penetrated the house of Pascua, killing her
PEOPLE V ESTEBAN | INCIDENTALLY while she was asleep inside the house.
KILLING ANOTHER | 103 SCRA 520 (1981) Maravilla, even while critically wounded,
fingered Esteban and Abola as his
Plaintiff-appellee: THE PEOPLE OF THE assailants before the policemen.
PHILIPPINES
Accused-appellants: MARIANO ESTEBAN A paraffin test was conducted on Estebans
(ESTEBAN) and LUIS CAMAYA (CAMAYA) hand by the NBI forensic chemistry division
and they were found to be positive with
Doctrine: Article 4 of the Revised Penal Code nitrate specks. Esteban and two others
provides that criminal liability shall be incurred by were charged with murder for the killing of
any person committing a felony although the Maria Pascua and frustrated murder for the
wrongful act done be different from that which he assault of Maravilla. Camaya was later
intended. Likewise, under the principle of implicated six and a half months after the
aberratio ictus or mistake as to victim, an offender incident and was likewise charged with
is criminally liable for acts done which resulted in frustrated murder, but not murder.
a felony against an unintended person just the
same, regardless of his true intentions. Case of Esteban
Estebans alibi was that he was in his house at
Facts: the time of the shooting. He was supposed to
In 1961, the husband of Lulu Alega (Lulu) work that evening but did not report to work
was killed. Four persons, including Esteban because allegedly, Camaya did not pay him 5
and Camaya were implicated in the crime. A which he owed to him. Esteban was fingered by
compromise was reached between the Maravilla while the latter was still in the hospital.
parties, and it was agreed that the four Esteban contended that Maravilla could not have
accused would pay Lulu 1,500 as identified him because the partition was taller
settlement of the case. than Maravilla. However, it was proved that
Maravilla stood 6 feet and 1 inch tall while the
On May 1, 1963, Antonio Maravilla partition had a height of 5 feet 10 inches tall.
(Maravilla) and Lulu went to the house of Furthermore, Esteban stressed that Maravilla
Camaya to collect the sum of 47 as was already very inebriated when he was shot
balance still due on the compromise and did not have sufficient consciousness to
settlement. Camaya told Maravilla and Lulu recognize his assailants, especially since the
that Esteban would advance the payment. incident happened at night. A policeman
At night on the same day, Maravilla went to however, stated that he was able to extract a
the house of Esteban to demand for statement from Maravilla, pointing to Esteban and
payment of 47. Esteban promised to pay Ablola as the assailants.
20 the next day. Maravilla then reminded
Esteban that the case in 1961 was only Case of Camaya
provisionally dismissed, subject to the His alibi was that at the time shooting occurred he
fulfillment of the settlement obligation. was working in the city slaughterhouse with a
distance from the house of Pascua of seven or
Maravilla then returned to the house of Maria eight minutes walking time. The day after the
Pascua (Pascua) and had a drinking spree crime, Camaya learned from a pork vendor that
with other persons. At about eleven oclock, Esteban was implicated in the killing of Maria
successive gunshots were fired at the group. Pascua. Allegedly, this did not make Camaya
When Maravilla stood up and looked over apprehensive that police would be looking for

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him. Circumstances may indicate that Camaya pay to the heirs of the victim, Maria Pascua, is
would most likely be involved in the assault of increased to twelve thousand pesos. For lack of
Maravilla for he had some connection with the necessary votes, the death penalty imposable
motive for the killing of Maravilla. Camaya had upon him is commuted to reclusion perpetua.
an altercation earlier in the day of the incident
with Maravilla, regarding the collection of the For the frustrated murder, Esteban is sentenced
compromise settlement. to an indeterminate penalty of ten (10) years of
prision mayor as minimum to fourteen (14) years
The trial court convicted Esteban of murder of reclusion temporal as maximum, in lieu of the
for the killing of Maria Pascua and frustrated straight penalty of seventeen years and four
murder for the attempt on Maravillas life. months of reclusion temporal, imposed by the trial
Camaya on the other hand was acquitted of court. Esteban is further ordered to pay Antonio
all charges since his guilt beyond Maravilla an indemnity of ten thousand pesos.
reasonable doubt could not be established. Costs de oficio in the two cases. SO ORDERED.
It was only more than six months later after
the incident when Maravilla implicated
Camaya. The belated denunciation was PEOPLE V SABALONES | CULPABILITY NOT
not credible. DIMINISHED | G.R. No. 123485, 31 August
1998
Issue: WoN Esteban is criminally liable for the
death of Maria Pascua, even though the intended Petitioner: PEOPLE OF THE PHILIPPINES
target was Maravilla. (YES) Respondents: Rolusape Sabalones alias Roling
et al.
Provisions:
Article 4. Criminal liability Criminal liability Doctrine: The fact that they were mistaken does
shall be incurred: not diminish their culpability. The Court has held
1. By any person committing a felony that mistake in the identity of the victim carries
(delito) although the wrongful act done be the same gravity as when the accused zeroes in
different from that which he intended. on his intended victim.
2. By any person performing an act which
would be an offense against persons or property, Facts:
were it not for the inherent impossibility of its On June 1, 1985, t about 11:00 oclock in the
accomplishment or on account of the evening, Stephen Lim asked Nelson
employment of inadequate or ineffectual means. Tiempo, Rogelio Presores, Rogelio
Oliveros and Junior Villoria, to drive his car
Held: home. Glenn Tiempo, Rey Bolo and Alfredo
Esteban is nevertheless criminally liable for the Nardo also went with them riding in an
death of Pascua, who was killed while asleep, in owner-type jeepin order to bring back the
accordance to paragraph 1, Article 4 of the group as soon as the car of Mr. Lim was
Revised Penal Code, even though the crime of parked in his home. The two vehicles
murder was intended for Maravilla. The killing is traveled in convoy with the jeep 3 to 4
murder qualified by treachery which absorbs meters ahead of the car. When they arrived
nocturnity. Dwellign should also be appreciated at the gate of the house of Stephen Lim,
as an aggravating circumstance. they were met with a sudden burst of
gunfire. The incident resulted in the killing
Disposition: of Glenn and Alfred and the wounding of
WHEREFORE, (1) the judgment of conviction as three others, who were all riding in two
to Luis Camaya is set aside. He is acquitted on vehicles which were allegedly ambushed by
the ground of reasonable doubt. Roling Sabalones et al.
(2) The trial courts judgment convicting Mariano
Esteban of murder is affirmed with the
modification that the indemnity which he should

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Accused-appellant Berong and Jennifer Held: No, the trial court was not engaging in
Binghoy also stated in their extrajudicial conjecture in so ruling. This allegation does not
admission that accused-appellant Roling advance the cause of the appellants. It must be
Sabalones that he was suspect on the stressed that the trial court relied on the concept
recent slain Nabing Velez. That the trial of aberratio ictus to explain why the appellants
court and appelate court comes to the staged the ambush, not to prove that appellants
conslusion that he might mistook the arrival did in fact commit the crimes. Even assuming that
of the victims vehicles as the avenging men the trial court did err in explaining the motive of
of Nabing Velez. the appellants, this does not detract from its
findings, as affirmed by the Court of Appeals and
Accused-appellants accuse the trial court of sustained by this Court that the guilt of the
engaging in conjecture in ruling that there appellants was proven beyond reasonable doubt.
was aberratio ictus in this case. Indeed the Court through the voluminous records
of this case and the testimonies of all the fifty-nine
witnesses, and find that the prosecution has
Issue: WoN the trial court was engaging in presented the required quantum of proof to
conjecture in so ruling. establish that appellants are indeed guilty as
charged.
Provision/s:
RPC, Art. 248. Murder. Any person who, not The conclusion of the trial court and the Court of
falling within the provisions of Article 246 shall kill Appeals that the appellants killed the wrong
another, shall be guilty of murder and shall be persons was based on the extrajudicial statement
punished by reclusion temporal in its maximum of Appellant Beronga and the testimony of
period to death, if committed with any of the Jennifer Binghoy. These pieces of evidence
following attendant circumstances: sufficiently show that appellants believed that
they were suspected of having killed the recently
1. With treachery, taking advantage of slain Nabing Velez, and that they expected his
superior strength, with the aid of armed group to retaliate against them. Hence, upon the
men, or employing means to weaken the arrival of the victims vehicles which they mistook
defense or of means or persons to insure to be carrying the avenging men of Nabing Velez,
or afford impunity. appellants opened fire. Nonetheless, the fact that
2. In consideration of a price, reward, or they were mistaken does not diminish their
promise. culpability. The Court has held that mistake in the
3. By means of inundation, fire, poison, identity of the victim carries the same gravity as
explosion, shipwreck, stranding of a when the accused zeroes in on his intended
vessel, derailment or assault upon a victim.
street car or locomotive, fall of an airship,
by means of motor vehicles, or with the Be that as it may, the observation of the solicitor
use of any other means involving great general on this point is well-taken. The case is
waste and ruin. better characterized as error in personae or
4. On occasion of any of the calamities mistake in the identity of the victims, rather than
enumerated in the preceding paragraph, aberratio ictus which means mistake in the blow,
or of an earthquake, eruption of a characterized by aiming at one but hitting the
volcano, destructive cyclone, epidemic or other due to imprecision in the blow.
other public calamity.
5. With evident premeditation. Disposition: WHEREFORE, the appeal is
6. With cruelty, by deliberately and DENIED and the assailed Decision is
inhumanly augmenting the suffering of AFFIRMED. However, the penalties are hereby
the victim, or outraging or scoffing at his MODIFIED.
person or corpse.

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People v Adriano y Samson | STRAY BULLET arrested immediately by the policeme for
& TREACHERY | GR NO. 205228, JULY 15, being the prime suspect.
2015 The accused testified that he wasnt at
the time of the incident happened. He
PETITIONER: People of the Philippines alleged that he was at his house in
RESPONDENTS: Rolly Adriano y Samson Dolores, Pampanga washing the clothes
of his child and other alibis.
Doctrine: Criminal liability is incurred by any o He further alleged that he
person committing a felony although the wrongful received a call to a certain Boyet
act be different from that which is intended. One Garcia borrowing the rented car.
who commits an intentional felony is responsible The RTC dismissed the case convicting
for all the consequences which may naturally or him and the CA denied his appeal.
logically result therefrom, whether foreseen or
intended or not. The rationale of the rule is found Issue:
in the doctrine, 'el que es causa de la causa es (1) WoN Respondent is guilty of homicide
causa del mal causado', or he who is the cause with the murder of Cabiedes
of the cause is the cause of the evil caused. (2) WoN Respondent is guilty of homicide for
Hence, treachery may be appreciated in aberratio the death of Bulanan
ictus.
Provision/s:
Facts:
The respondent Rolly Adriano y Santos Art. 14. Aggravating circumstances. The
(Adriano) was convicted for the homicide of following are aggravating circumstances:
Ofelia Bulanan (Bulanan) for the crime of
Murder for the killing of Danilo Cabiedes (16) That the act be committed with treachery
(Cabiedes). (alevosia)
On March 2007, at around 8:00 am, PO1
Garabiles and PO2 Alejandro Santos in Art. 4. Criminal liability. Criminal liability shall
civilian clothes were on their way to Camp be incurred:
Olivas in Pampaga, riding a motorcycle
along Olongapo-Gapan National Road. 1. By any person committing a felony (delito)
While they were at barangay Malapit, San although the wrongful act done be different from
Isidro, Nueva Ecija, a speeding blue Toyota that which he intended.
Corolla heading towards the same direction 2. By any person performing an act which would
overtook them. be an offense against persons or property, were
4 armed men suddenly alighted the Corolla it not for the inherent impossibility of its
and started shooting at the driver of the accomplishment or an account of the
CRV who was later identified as Cabiedes. employment of inadequate or ineffectual means.
During the shooting, a bystander, Bulanan,
who was standing near the road Held:
embankment was hit by stray bullet. (1) Yes. The present case is a case of murder by
o Later, both Bulanan and ambush. In ambush, the crime is carried out
Cabiedes died from fatal gunshot to ensure that the victim is killed and at the
wounds. same time, to eliminate any risk from any
Upon the investigation, the police possible defenses or retaliation from the
identified the owner of the Corolla, victimambush exemplifies the nature of
Antonio V. Rivera and admitted that his treachery.
car was for his rental business and was
rented by Adriano y Samson. Paragraph 16 of Article 14 of the Revised
When Adriano arrived at the Riveras Penal Code (RPC) defines treachery as the
shop to return the Corolla, he was direct employment of means, methods, or
forms in the execution of the crime against

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persons which tend directly and specially to doubt of the crime of MURDER (Criminal Case
insure its execution, without risk to the No. 13159-07) for the killing of OFELIA
offender arising from the defense which the BULANAN and is hereby sentenced to suffer the
offended party might make. In order for penalty of reclusion perpetua. Accused-appellant
treachery to be properly appreciated, two ROLLY ADRIANO y SAMSON is ordered to pay
elements must be present: (1) at the time of the heirs of OFELIA BULANAN in the amount of
the attack, the victim was not in a position to the amount of Seventy Five Thousand Pesos
defend himself; and (2) the accused (75,000.00) as civil indemnity, Seventy Five
consciously and deliberately adopted the Thousand Pesos (75,000.00) as moral
particular means, methods or forms of attack damages, Thirty Thousand Pesos (30,000.00)
employed by him.20 The "essence of as exemplary damages, and Twenty Five
treachery is the sudden and unexpected Thousand Pesos (25,000.00) as temperate
attack by an aggressor on the unsuspecting damages in lieu of actual damages.
victim, depriving the latter of any chance to
defend himself and thereby ensuring its PRAETER INTENTIONEM (INJURIOUS
commission without risk of himself." RESULT GREATER THAN THAT
INTENDED) RPC, ART. 13 (3)
(2) Yes. Evidently, Adriano's original intent was Definition: The act exceeds the intent that is,
to kill Cabiedes. However, during the the injurious result is greater than intended.
commission of the crime of murder, a stray
bullet hit and killed Bulanan. Adriano is PEOPLE v CAGOCO | TREACHERY
responsible for the consequences of his act APPRECIATED | 58 PHIL. 524 (1933)
of shooting Cabiedes. Criminal liability is
incurred by any person committing a felony Plaintiff-Appellant: THE PEOPLE OF THE
although the wrongful act be different from PHILIPPINE ISLAND
that which is intended. One who commits an Defendant-Appellant: FRANCISCO CAGOCO
intentional felony is responsible for all the Y RAMONES
consequences which may naturally or
logically result therefrom, whether foreseen Doctrine: CRIMINAL LAW; MURDER; LACK OF
or intended or not. INTENTION TO COMMIT SO GREAT A WRONG
AS THAT COMMITTED; TREACHERY. Under
DISPOSITION: the circumstances of this case the defendant is
WHEREFORE, the appeal is DISMISSED. The liable for the killing of the deceased because his
assailed Decision of the Court of Appeals in CA- death was the direct consequence of defendant's
G.R. CR-HC No. 04028 is AFFIRMED with felonious act of striking him on the head. If the
MODIFICATIONS. Appellant-appellant ROLL Y defendant had not committed the assault in a
ADRIANO y SAMSON is found GUILTY beyond treacherous manner, he would nevertheless have
reasonable doubt of MURDER (Criminal Case been guilty of homicide, although he did not
No. 13160-07) for the killing of DANILO intend to kill the deceased, and since the
CABIEDES and is hereby sentenced to suffer the defendant did commit the crime with treachery,
penalty of reclusion perpetua. Accused-appellant he is guilty of murder, because of the presence of
ROLLY ADRIANO y SAMSON is ordered to pay the qualifying circumstance of treachery.
the heirs of DANILO CABIEDES the amount of
Seventy Five Thousand Pesos (75,000.00) as Facts:
civil indemnity, Seventy Five Thousand Pesos The accused willfully, feloniously, without
(75,000.00) as moral damages, Thirty any just cause and with intent to kill and
Thousand Pesos (30,000.00) as exemplary treachery, assaulted and attacked Yu Lon
damages, and Two Hundred Thirty Two by suddenly giving him a fist blow on the
Thousand Four Hundred Eighty Two Pesos back part of the head, treacherously, under
{232,482.00) as actual damages. conditions which intended directly and
Accused-appellant ROLLY ADRIANO y especially to insure the accomplishment of
SAMSON is also found guilty beyond reasonable his purpose without to risk to himself arising

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from any defense the victim Yu Lon might on the pavement in an attempt to regain
make. balance.
Thus, causing him to fall on the ground as The Court referred to paragraph 1 of Article
a consequence of which he suffered a 4 of the RPC which provides that criminal
lacerated wound in the scalp and a fissured liability shall be incurred by any person
facture on the left occipital region, which committing a felony although the wrongful
necessarily mortal and caused the act done be different from what he
immediate death of Yu Lon. intended; but in order that a person be
Defendant was found guilty of murder in the criminally liable, the following requisites
CFI which he made the appeal. must present:
Counsel enumerated the following o The felony act was committed;
assignment of error: o That the wrong done to the aggrieved
o The trial court erred in finding the true person be the direct consequence of the
assailant of Yu Lon; crime committed by the offender.
o Assuming that the appellant was the There is no doubt as to the death cause of
person, the trial court erred in finding the Yu Lon, which occurred as the direct
appellant struck his supposed victim. consequence of the blow dealt by the
o The trial court erred in that blow was appellant, and the fact the defendant did not
struck in the rear; intended to cause so great an injury does
o The trial court erred in that the identity of not relieve from the consequences of his
the appellant was fully established. unlawful act but is merely mitigating
circumstances.
Issue: WoN a naturally resulting injury from a Under the circumstances of this case, the
direct consequence of an unlawful act would defendant is liable for the killing of Yu Lon
make the aggressor criminally liable. (YES) because his death was the direct
consequence of defendant's felonious act
Provision/s: of striking him on the head. If the defendant
Art. 13. Mitigating circumstances. The had not committed the assault in a
following are mitigating circumstances; treacherous manner that is the act of
striking him from behind, he would
(3) That the offender had no intention to nevertheless have been guilty of homicide,
commit so grave a wrong as that although he did not intend to kill the
committed. deceased. He is guilty of murder because
of the presence of the qualifying
Art. 14 Aggravating circumstances. The circumstance of treachery.
following are aggravating circumstances: The Supreme Court of Spain has held that
there is no incompatibility, moral or legal,
(16) That the act be committed with between alevosia and the mitigating
treachery (alevosia). circumstance of not having intended to
cause so great an injury. Treachery
There is treachery when the offender depends upon the manner of execution of
commits any of the crimes against the the crime and the mitigating circumstance
person, employing means, methods, or of not having intended to cause so great an
forms in the execution thereof which tend injury upon the tendency of the will toward
directly and specially to insure its execution, a definite purpose, and therefore, there is
without risk to himself arising from the no obstacle, in case treacherous means,
defense which the offended party might modes or forms are employed, to the
make. appreciation of treachery and
Held: simultaneously of the mitigating
The Court ruled that expert testimony circumstance if the injury produced
shows that the victim had undergone a exceeds the limits intended by the accused.
natural phenomenon of falling backwards

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their mother. Noel Jr. also suffered from
Disposition: injuries in the head, left cheek and legs.
The penalty for murder (article 248 of the Revised o Thereafter, Noemar collapsed and lost
Penal Code) is reclusion temporal in its maximum consciousness. The quack doctor which
period to death, and there being present in this they called to examine Noemar told
case one mitigating and no aggravating them to rush him in the nearest hospital.
circumstance the prison sentence of the appellant o As there were no vehicles passing by
is reduced to seventeen years, four months, and and another quack doctor they met at
one day of reclusion temporal. As thus modified, the junction told them that
the decision appealed from is affirmed, with the o Noemar was already dead, accused-
costs against the appellant. appellant brought his son back to their
house. After the wake of Noemar which
lasted only for a night, he was
People v Sales | EXTREME PUNISHMENT OF immediately buried the following day.
CHILD | GR NO. 177218, OCTOBER 3, 2011
Appellant refutes the prosecution's version
Appellee: PEOPLE OF THE PHILIPPINES of the facts, stating that he never laid a hand
Appellant: NOEL T. SALES on his sons, despite their habit of leaving
home without asking for permission.
Doctrine: The imposition of parental discipline on o The only time he whipped them was
children of tender years must always be with the when they allegedly stole a pedicab and
view of correcting their erroneous behavior. A did not return for days. However, the
parent or guardian must exercise restraint and death of his son Noemar, according to
caution in administering the proper punishment. accused-appellant, was caused by the
They must not exceed the parameters of their chilling and frothing of Noemar during
parental duty to discipline their minor children. It the aforesaid scolding and whipping. He
is incumbent upon then to remain rational and suddenly lost consciousness and
refrain from being motivated by anger in enforcing accused-appellant brought him to a
the intended punishment. A deviation will hospital. Accused-appellant testified
undoubtedly result in sadism. that Noemar never complained of the
whipping done to him and he was
Facts: diagnosed a year ago with having a
Accused-appellant Noel Sales had two weak heart.
sons, Noemar and Noel Jr, then nine and o On the other hand, Maria testified that
eight years old, respectively. On September Noemar suffered from epilepsy, and his
19, 2002, the brothers left their home to seizures would occur when he gets
attend a religious procession without the hungry or scolded.
permission of their parents. o After accused-appellant surrendered to
o They did not return home that night, and the authorities, trial ensued. On trial,
their mother found them the next day in appellant admitted beating his sons on
a nearby barangay. When they reached September 20, 2002 as a disciplinary
home around evening, accused- measure, but denies battering Noemar
appellant Sales whipped them with a to death.
stick which broke after continuous o He believes that no father could kill his
lashing. own son. According to him, Noemar had
o He then proceeded to tie the brothers to a weak heart that resulted in attacks
a coconut tree outside their house and consisting of loss of consciousness and
continue beating them with a thick piece froth in his mouth.
of wood. The trial court found him guilty of parricide
o After the beating finally stopped, and slight physical injuries, sentenced him
Noemar had a "crack" in his head and to reclusion perpetua, and ordered him to
injuries in his legs, which was noticed by pay for damages. Accused appealed in the

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CA, which affirmed the decision of the trial Held:
court. Hence, this appeal to the Supreme Appellant attempts to evade criminal
Court. culpability by arguing that he merely
intended to discipline Noemar and not to kill
Issue/s: WoN accused-appellant should be held him.
criminally liable for the death of Noemar despite However, the relevant portion of Article 4 of
his alleged innocent intention of disciplining his the Revised Penal Code states that any
son. (YES) person committing a felony although the
wrongful act done be different from that
Provision/s: which he intended is criminally liable. In
order that a person may be criminally liable
Art. 4. Criminal liability. Criminal liability shall for a felony different from that which he
be incurred: intended to commit, it is indispensible
(a) that a felony was committed;
1. By any person committing a felony (delito) and
although the wrongful act done be different from (b) that the wrong done to the
that which he intended. aggrieved person be the direct
2. By any person performing an act which would consequence of the crime committed by
be an offense against persons or property, were the perpetrator.
it not for the inherent impossibility of its In the instant case, there is no doubt
accomplishment or an account of the appellant in beating his son Noemar and
employment of inadequate or ineffectual means. inflicting upon him physical injuries,
committed a felony.
Art. 246. Parricide. Any person who shall kill As a direct consequence of the beating
his father, mother, or child, whether legitimate or suffered by the child, he expired.
illegitimate, or any of his ascendants, or Appellants criminal liability for the death of
descendants, or his spouse, shall be guilty of his son, Noemar, is thus clear.
parricide and shall be punished by the penalty of His anger and fury that lead him to whipping
reclusion perpetua to death. his sons can also be deduced from
examining the facts, as when they left the
Art. 266. Slight physical injuries and family dwelling without permission and that
maltreatment. The crime of slight physical was already preceded by three other similar
injuries shall be punished: incidents.
1. By arresto menor when the offender has This was further aggravated by a report that
inflicted physical injuries which shall his sons stole a pedicab thereby putting him
incapacitate the offended party for labor in disgrace. Moreover, they have no money
from one to nine days, or shall require so much so that he still had to borrow so
medical attendance during the same that his wife could look for the children and
period. bring them home. From these, it is therefore
2. By arresto menor or a fine not exceeding clear that appellant was motivated not by an
20 pesos and censure when the offender honest desire to discipline the children for
has caused physical injuries which do not their misdeeds but by an evil intent of
prevent the offended party from engaging venting his anger.
in his habitual work nor require medical Appellant's claim that it was Noemar's heart
assistance. ailment that caused his death deserves no
3. By arresto menor in its minimum period merit, since it is not substantiated with
or a fine not exceeding 50 pesos when evidence.
the offender shall ill-treat another by
This was also in conflict with the testimony
deed without causing any injury.
of his wife, which stated that Noemar was
suffering from epilepsy, where there was
also no evidence to support such claim.

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Appellant, then, must be held guilty of Respondent: HONORABLE COURT OF
parricide. APPEARLS and PEOPLE OF THE PHILIPPINES
Art. 246 of the Revised Penal Code
contains the crime of parricide, which has Doctrine: There must be the impossibility of
the following elements: accomplishing the intended act in order to qualify
(1) a person is killed; the act an impossible crime. The phrase "inherent
(2) the deceased is killed by the accused; impossibility" that is found in Article 4(2) of the
(3) the deceased is the father, mother, or Revised Penal Code makes no distinction
child, whether legitimate or illegitimate, or a between factual or physical impossibility and
legitimate other ascendant or other legal impossibility. Ubi lex non distinguit nec nos
descendant, or the legitimate spouse of distinguere debemos.
accused.
Clearly, all the elements of the crime of Facts:
parricide are obtaining in this case. Sulpicio Intod and 3 other men went to
Salvador Mandayas house to ask him to go
Disposition: with them to the house of Bernardina
WHEREFORE, the appeal is DENIED. The Palangpangan.
Decision of the Court of Appeals in CA-G.R. CR- The group had a meeting with Aniceto
H.C. No. 01627 that affirmed the Joint Decision Dumalagan who told Mandaya that he
of the Regional Trial Court, Branch 63 of wanted Palangpangan to be killed because
Calabanga, Camarines Sur in Criminal Case Nos. of a land dispute between them and that
RTC03-782 and RTC03-789, convicting Noel T. Mandaya should accompany the 4 men
Sales of the crimes of parricide and slight otherwise he would also be killed. At 10:00
physical injuries is AFFIRMED with p.m. of that same day, Intod and
MODIFICATIONS that the award of exemplary companions, all armed with firearms arrived
damages is increased to 30,000.00. In addition, at Palangpangans house.
an interest of 6% is imposed on all monetary Thereafter, petitioner fired at the said room.
awards from date of finality of this Decision until It turned out the Palangpangan was in
fully paid. SO ORDERED. another city and her home was then
occupied by her son-in-law and his family.
IMPOSSIBLE CRIMES No one was in the room when the accused
Requisites: fired.
(1) That the act performed would be an o No one was hit by the gunfire.
offense against persons or property; The RTC convicted Intod of attempted
(2) The act was done with evil intent; murder. Petitioner Intod seeks a
(3) That its accomplishment is inherently modification of the judgment on the ground
impossible, or that the means
that he is only liable for an impossible crime
employed is either inadequate or
ineffectual; {Art. 4(2)}.
(4) That the act performed should not Petitioner contends that, Palangpangan's
constitute a violation of another or of absence from her room on the night he and
the RPC. his companions riddled it with bullets made
Why is an impossible crime punishable? It the crime inherently impossible.
is punishable in order to suppress criminal On the other hand, Respondent People of
tendencies. Objectively, the offender has not the Philippines argues that the crime was
committed a felony, but subjectively, he is a not impossible instead the facts were
criminal. sufficient to constitute an attempt and to
convict Intod for attempted murder.
INTOD v COURT OF APPEALS | INHERENTLY Respondent likewise alleged that there was
IMPOSSIBLE | 215 SCRA 52 (1992) intent.
Further, In its Comment to the Petition,
Petitioner: SULPICIO INTOD respondent pointed out that xxx. The crime

9
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
of murder was not consummated, not 1) the motive, desire and expectation is to
because of the inherent impossibility of its perform an act in violation of the law;
accomplishment (Art 4 (2), RPC), but due to 2) There is intention to perform the
a cause of accident other that petitioners physical act;
and his co-accuseds own spontaneous 3) there is a performance of the intended
desistance (Art. 3) Palangpangan did not physical act; and
sleep at her house at that time. Had it not 4) the consequence resulting from the
been for this fact, the crime is possible, m intended act does not amount to a
not impossible. crime. The impossibility of killing a
person already dead falls in this
Issue/s: WoN Intod should be guilty of impossible category.
crime instead of attempted murder.
On the other had, factual impossibility
Provision/s: occurs when extraneous circumstances
unknown to the actor or beyond his control
Article 4. CRIMINAL LIABILITY. Criminal prevent the consummation of the intended
Liabilility shall be incurred: crime. One example is the man who puts
his hand in the cot pocket of another with
(2) By any person performing an act which the intention to steal the latters wallet and
would be an offense against persons or finds the pocket empty.
property, were it not for the inherent
impossibility of its accomplishment or on The case at bar belongs to this category.
account of the employment of inadequate Petitioner shoots the place where he
or ineffectual means. thought his victim would be, although in
reality, the victim was not present in said
Held: place and thus, the petitioner failed to
Under Article 4(2) of the RPC, the act accomplish his end.
performed by the offender cannot produce
an offense against person or property The factual situation in the case at bar
because: presents a physical impossibility which
1) the commission of the offense is render the intended crime impossible of
inherently impossible of accomplishment. And under Article 4,
accomplishment; or paragraph 2 of the Revised Penal Code,
2) 2) the means employed is either such is sufficient to make the act an
a) Inadequate impossible crime.
b) ineffectual.

To be impossible under this clause, the act Disposition:


intended by the offender must be by its Petition is hereby GRANTED, the decision of
nature one impossible of accomplishment. respondent Court of Appeals holding Petitioner
There must be either guilty of Attempted Murder is hereby MODIFIED.
1) legal impossibility, or We hereby hold Petitioner guilty of an impossible
2) Physical impossibility of crime as defined and penalized in Articles 4,
accomplishing the intended act in paragraph 2, and 59 of the Revised Penal Code,
order to qualify the act as an respectively. Having in mind the social danger
impossible crime. and degree of criminality shown by Petitioner, this
Court sentences him to suffer the penalty of six
Legal impossibility occurs where the (6) months of arresto mayor, together with the
intended act, even if complete would not accessory penalties provided by the law, and to
amount to a crime. Thus: legal impossibility pay the costs.
would apply to those circumstances where

10
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
It was 10 oclock pm when Valentina
PUNISHABLE CONDUCT returned from Olongapo City.
One who commits an intentional felony is She fed her grandson and put him to sleep,
responsible for all the consequences which then remembered that the next day was
may naturally and logically result therefrom, Sunday and she was supposed to go to
whether foreseen or intended or not. church.
Rationale: el que es cause de la causa es
She bought a 10 centavos worth of gasoline
causa del mal causado, (he who is the cause
to clean her dirty shoes.
of the cause is the cause of the evil cause)
When a person has not committed a felony, he She remembered that her husband needed
is not criminally liable for the result which is not gas for his lighter so she then decided to
intended. drop by.
The felony committed must be the proximate She entered NAWASA building and
cause of the resulting injury. knocked on the door when Elias opened the
door and began shouting at her.
WRONGFUL ACT DIFFERENT FROM THAT Elias was under the influence of liquor.
INTENDED Valentina trembled and became dizzy and
had to sat down.
PEOPLE V MANANQUIL | RESPONSIBLE FOR She went home due to her grandson thus
ONES CRIMINAL ACT | 132 SCRA 196 (1984) leaving her husband who was not paying
any attention to her.
Petitioner: People of the Philippines She then went back to NAWAS compound
Respondents: Valentina Mananquil y Laredo because she couldnt sleep and wanted to
apologize to her husband
Doctrine: The fact that other causes contribute She soon found out that the police were
to the death does not relieve the actor of present and accused her of burning her
responsibility. husband.
Police took her to headquarters and
Facts: prepared a written statement.
Prosecutions Version:
She was made to sign the statement
At 11 oclock, Valentina went to NAWASA despite her not knowing the content of it due
building in Pasay City where her husband to the promise that she would be released.
was working as a security guard.
She purchased gasoline which was worth Issue/s:
10 centavos and placed it in a coffee bottle. (1) WoN Valentinas extrajudicial confession was
She was angry with her husband due to the voluntarily given
misbehavior of her husband. (2) WoN she is criminally liable for the death of
Upon reaching NAWASA building, she Elias due to pneumonia sustained from the burns.
knocked at the door and immediately was
castigated by her husband. Provision/s:
Valentina got the bottle of gasoline and Article 4. Criminal Liability - Criminal liability
poured the contents on the face of her shall be incurred:
husband. 1. By any person committing a felony
Valentina was investigated by the Pasay (delito) although the wrongful act done be
City police where she gave a written different from that which he intended.
statement admitting to have burned her
husband Elias Day y Pablo. Held:
Elias died on March 10, 1965 due to (1) Yes. The court finds Valentinas aforesaid
pneumonia, lobar bilateral burn 2 assertion a mere pretense too flimsy to be
secondary. accepted as true. For the truth is that she
knew and understood Tagalog despite her
Valentinas Version: not being a Tagala, having stayed in Manila

11
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
since 1951. During this period of almost It appearing however that appellant Valentina
fourteen years, she was in daily association Mananquil is now 71 years of age, this Court
with Tagalogs communicating with them in recommends her for executive clemency. For the
Pilipino. purpose, let His Excellency, President Ferdinand
E. Marcos, be furnished with a copy of this
No denunciation of any sort was made nor decision thru the Hon. Minister of Justice.
leveled by her against the police
investigators. Neither was there any SO ORDERED.
complaint aired by her to the effect that she
merely affixed her signatures thereto
because of the promise by the police that PEOPLE v TOLING | INTENDED
she will be released later. CONSEQUENCE OF VOLUNTARY ACT | 62
SCRA 17 (1975)
We therefore find no error in the trial courts
pronouncement that appellants sworn Petitioner: People of the Philippines
statement was voluntarily given by her; that Respondent: Antonio Toling y Rovero and Jose
she fully understood its contents; and that Toling y Rovero
she willingly affixed her signatures there
Doctrine: A person intends the ordinary
(2) Pneumonia could not be caused by taking consequences of his voluntary act. If a man
alcohol. In fact, alcohol, according to Dr. creates in another man's mind an immediate
Reyes, unless taken in excessive dosage sense of danger which causes such person to try
so as to produce an almost comatose to escape, and in so doing he injures himself, the
condition would not cause suffocation nor person who creates such a state of mind is
effect a diminution of the oxygen content of responsible for the injuries which result.
the body.
Facts:
The cause of death as shown by the Antonio Toling and Jose Toling, twins, both
necropsy report is pneumonia, lobar married, are natives of Barrio Nenita,
bilateral Burns 2 secondary. There is no Northern Samar. Antonios daughter
question that the burns sustained by Elias Leonora and Joses three children have
as shown by the post mortem findings been in Manila since 1964.
immunity about 62% of the victims entire o Antonio went to Manila when Leonora told
body. The evidence shows that pneumonia him that she will give him money, he killed
was a mere complication of the burns and sold his pig to Joses wife for P50.
sustained. Jose decided to go with him to see his
children, Antonio has P85 for his
One who inflicts injury on another is expenses.
deemed guilty of homicide if the injury o When in Manila, Leonora gave Antonio
contributes immediately or immediately to P50, and Sencio, his grandson, gave him
the death of such other. The fact that other P30. Jose was not able to find the
causes contribute to the death does not whereabouts of his children. The twins
relieve the actor of responsibility.(PP vs. bought their ticket for the Bicol night
Moldes, 61 Phil. 1, 3 & 4; and PP vs. express train at the station at 5 in the
Quianzon, 62 Phil. 162, citing 13 RCL 748, afternoon.
751) o They saw 4 men looking at them, they
thought that the men have evil intent.
Disposition: o Inside the coach #9 which is crowded, two
WHEREFORE, except as thus modified, the of the men seated in front of them and two
judgment appealed from is hereby AFFIRMED of them seated behind them. Antonio and
with costs against appellant. Jose, allegedly was being held up by the
men for money, Antonio being the first one

12
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
to be held up, they retaliated and that was dismissed by the trial court for lack of
started the killing rampage inside the evidence. Unlike Mrs. Mapa, the offended
train. parties involved did not testify on the
injuries inflicted on them. The court also
Constabulary sergeant Rayel, not on duty dropped the charges on homicide of the 4
at the time, upon hearing the rampage on persons who jumped out of the moving train
coach 9, immediately went to the scene and causing their deaths due to lack of
saw dead men on the floor, he saw a man evidence. The absence of eyewitness-
holding a knife and when was asked to testimony as to the jumping from the train of
surrender, the man stabbed his left breast. the four victims already named precludes
o Rayel found another man holding scissors the imputation of criminal responsibility to
and the man retaliated when he saw the the appellants for the ghastly deaths of the
pistol of Rayel. said victims.
o One Constabulary Sergeant Aldea, was
also in the train and saw Mrs. Mapa who Tolings contended that they should be held
was wounded. Aldea saw Antonio liable only for two homicides, because they
stabbing three woman and a small girl. admittedly killed two persons and for
Antonio was not wounded. physical injuries because they did not deny
o The women were prostrate on the seats of that Jose stabbed Mrs. Mapa.
the coach and on the aisle. Aldea, asked
Antonio to surrender but he thrusted at Issue/s: W/N the twins are criminally liable for all
him with a knife. the deaths inside the train?
o Aldea repeatedly stuck Antonio with the
butt of his pistol, causing Antonio to lose Provision/s:
consciousness. Article 4 of the Revised Penal Code provides
o When the train arrived at the Calamba that "criminal liability shall be incurred by any
Station, four Constabulary soldiers person committing a felony (delito) although the
escorted the twins from the train and wrongful act done be different from that which he
turned them over to the custody of the intended".
Calamba police.
Art. 14 (sec 16) Aggravating circumstances. -
Twelve persons died in the rampage, 8 The following are aggravating circumstances:
bodies of which was found inside the train, 16 That the act be committed with treachery
four were found near the rail road tracks, (alevosia)- There is treachery when the offender
they jumped from the moving train to avoid commits any of the crimes against the person,
being killed. Few were injured and one employing means, methods, or forms in the
injured woman died later on. Doctor Del execution thereof which tend directly and
Rosario, examined the twins and saw specially to insure its execution, without risk to
injuries on the forehead and chest wound himself arising from the defense which the
on Antonio and stab wound on the side of offended party might make
Jose.
Article 248. Murder. - Any person who, not
The twins went on trial on the Court of First falling within the provisions of Article 246 shall kill
Instance in Laguna finding them guilty of another, shall be guilty of murder and shall be
multiple murder and attempted murder, punished by reclusion temporal in its maximum
sentencing them to death and ordering period to death, if committed with any of the
them to indemnify each set of heirs of 7 following attendant circumstances:
people in the sum of P6,000 and to pay 1. With treachery, taking advantage of
Amanda Mapa the sum of P500. superior strength, with the aid of armed men,
or employing means to weaken the defense or
The charge of multiple frustrated murder of means or persons to insure or afford
based on the injuries suffered by 4 people impunity.

13
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
2. In consideration of a price, reward, or other passengers inflicted on them to stop their
promise. murderous rampage.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel, Appellants' view is that they should be held liable
derailment or assault upon a street car or only for two homicides and for one physical injury.
locomotive, fall of an airship, by means of The court rejects that view. The court is
motor vehicles, or with the use of any other convinced that the record conclusively
means involving great waste and ruin. establishes appellants' responsibility for the eight
4. On occasion of any of the calamities killings. To the seven dead persons whose heirs
enumerated in the preceding paragraph, or of should be indemnified, according to the trial court,
an earthquake, eruption of a volcano, because they died due to stab wounds, should be
destructive cyclone, epidemic or other public added the name of Susana C. Hernandez. The
calamity. omission of her name in judgment was probably
5. With evident premeditation. due to inadvertence.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or The twins are liable for eight (8) murders and one
outraging or scoffing at his person or corpse. attempted murder.

Held: The eight killings and the attempted killing should


Yes, the twins are criminally liable for all the be treated as separate crimes of murder and
deaths inside the train. The twins being alike, attempted murder qualified be treachery
attracted attention. In their parochial minds, they (alevosia) (Art. 14[16], Revised Penal Code). The
might have entertained the notion or suspicion eight killings and the attempted murder were
that their male companions, taking advantage of perpetrated by means of different acts. Hence,
their ignorance and naivete, might victimize them they cannot be regarded as constituting a
by stealing their little money. complex crime under article 48 of the Revised
Penal Code which refers to cases where "a single
The twins contended that the evidence presented act constitutes two or more grave felonies, or
against them are erroneous and contradictory when an offense is a necessary means for
due to the witnesses identification. It was committing the other". Citing several
assumed in court that Antonio held the scissors jurisprudence, People vs. Penas, 66 Phil. 682;
and Jose held the knife which was contradicted People vs. De Leon, 49 Phil. 437, where the
by the sworn statements of the twins and upon crimes committed by means of separate acts
examination of the weapons. Rayel and Aldeans were held to be complex on the theory that they
statements are contradictory but nevertheless, it were the product of a single criminal impulse or
does not detract from its credibility. The intent.
controlling fact is that those witnesses confirmed
the admission of the twins that they stabbed As no generic mitigating and aggravating
several passengers. It was night-time during the circumstances were proven in this case, the
rampage, given that the twins are identical, it is penalty for murder should be imposed in its
not surprising that the witnesses will have a hard medium period or reclusion perpetua (Arts. 64[l]
time to pin-point who exactly committed what in and 248, Revised Penal Code. A separate
the crime scene. The defense failed to prove that penalty for attempted murder should be imposed
persons, other than the twins, could have inflicted on the appellants. No modifying circumstances
the stab wounds. And there can be no doubt that can be appreciated in the attempted murder case.
the twins, from their own admissions and their
testimonies, were the authors of the killings. Disposition: WHEREFORE, the trial court's
judgment is modified by setting aside the death
The twins theory of self-defense was highly sentence. Defendants-appellants Antonio Toling
incredible. The injuries sustained from the alleged and Jose Toling are found guilty, as co-principals,
hold up could be attributed to the blows which the of eight (8) separate murders and one attempted
murder.

14
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
(1) The person who proposes is not
Each one of them is sentenced to eight (8) determined to commit the felony.
reclusion perpetuas for the eight murders and to (2) There is no decided, concrete and
an indeterminate penalty of one (1) year of prision formal proposal; and
correccional as minimum to six (6) years and one (3) It is not the execution of a felony that
(1) day of prision mayor as maximum for the is proposed.
attempted murder and to pay solidarily an
indemnity of P12,000 to each set of heirs of the PEOPLE v PERALTA | FACETS, NATURE AND
seven victims named in the dispositive part of the QUANTUM OF PROOF | GR No. L-19069,
trial court's decision and of the eight victim, October 29, 1968
Susana C. Hernandez, or a total indemnity of
P96,000, and an indemnity of P500 to Amanda Doctrine: While conspiracy to commit a crime
Mapa. In the service of the penalties, the forty- must be established by positive evidence, direct
year limit fixed in the penultimate paragraph of proof is not essential to show conspiracy. Since
article 70 of the Revised Penal Code should be by its nature, conspiracy is planned in utmost
observed. Costs against the appellants. secrecy, it can seldom be proved by direct
evidence. Consequently, competent and
convincing circumstantial evidence will suffice to
PROPOSAL AND CONSPIRACY
General Rule: Conspiracy and proposal to establish conspiracy. Conspiracy presupposes
commit a felony are not punishable the existence of a preconceived plan or
Exception: They are punishable only in the agreement. However, to establish conspiracy, "it
cases in which the law specially provides a is not essential that there be proof as to previous
penalty thereof. agreement to commit a crime, it being sufficient
Rationale: Conspiracy and proposal to commit that the malefactors shall have acted in concert
a crime are only preparatory acts and the law pursuant to the sine objective. Hence, conspiracy
regards them as innocent at least permissible is proved if there is convincing evidence to
except in rare and exceptional cases. sustain a finding that the malefactors committed
an offense in furtherance of a common objective
CONSPIRACY pursued in concert.
Definition: exists when two or more persons
come to an agreement concerning the Facts:
commission of a felon and decide to commit it. At around 7 am on February 16, 1958, the
Indication: for a collective responsibility
inmates in the New Bilibid Prisons in
among the accused to be established, it is
sufficient that at the time of the aggression, all Muntinlupa went into a riot at the plaza
of them acted in concert, each doing his part to area. The riot involved 2 major gangs inside
fulfill their common design to commit the the prison, namely the Sigue-Sigue
felony. (Tagalog members) gang and the OXO
Requisites: (Visayan and Mindanaoan members) gang.
(1) Two or more persons came to an Sigue-Sigue made the first move. Sigue-
agreement; Sigue members bolted their doors and their
(2) The agreement concerned the
cells and tried to invade the cells of OXO
commission of a felony; and
(3) That the execution of the felony be and its sympathizers. However, they
decided upon. werent able to continue because they got
apprehended. The OXO then went into a
PROPOSAL rampage after they heard the news about
Requisites: the actions of the Sigue-Sigue. The incident
(1) A person has decided to commit a started at the plaza. The riot left 3 people
felony; and dead, all were members of the Sigue-Sigue.
(2) He proposes its execution to some 6 among the the 22 defendants were
other person or persons. charged with multiple murder were
There is no criminal proposal when: pronounced guilty and all sentenced to

15
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
death by the RTC, to indemnify jointly, The court emphasized that although there is no
and severally their heirs of each of the direct evidence of conspiracy, the evidence
victims namely, Jose Carriego, Eugenio shows that the crime was planned by the
Balbosa, and Santos Cruz in the sum of accused. First, because the victims were all
6,000 and each to pay his Tagalogs. Second, the accused had weapons
corresponding share of the costs. with them that showed their preparedness to
The evidence shows clearly that it is a commit the crime. Lastly, the same 6 people were
result of an organization rivalry because pointed out by witnesses, among the 22 accused
the victims were apparently popular took part in the crime.
members of the Sigue-Sigue.
Pineda, Factora and Peralta were The evidence on record proves beyond
personally identified as the killer of peradventure that the accused acted in concert
Carriego and clubbing him and by from the moment they bolted their common
stabbing him repeatedly in the chest. brigade, up until the time they killed their last
Barbosa was trying to hide under a cot but victim, Santos Cruz. While it is true that Parumog,
he was beaten and stabbed to death by Larita and Luna did not participate in the actual
Dosal, Parumog, Factora and killing of Carriego, nonetheless, as co-
Fernandez, with Luna, Larita, Pedro conspirators they are equally guilty and
Cogol and Eilel Tuyuga. collectively liable for in conspiracy the act of one
Santos Cruzs death was allegedly from is the act of all. It is not indispensable that a co-
Dosal, Factora, and Peralta, stating that conspirator should take a direct part in every act
they were the ones who clubbed and and should know the part which the others have
stabbed the victim despite him pleading to perform. Conspiracy is the common design to
to his death. commit a felony; it is not participation in all the
SC affirmed the Trial Court judgement with details of the execution of the crime. All those
modifications. who in one way or another help and cooperate in
the consummation of a felony previously planned
Issue/s: W/N the accused provides enough are co-principals. Hence, all of the six accused
evidence as to establishing the existence of are guilty of the slaughter of Carriego, Barbosa
conspiracy in the murder of the victims. (YES) and Santos Cruz each is guilty of three
separate and distinct crimes of murder.
Provision/s:
Disposition:
Art 8 - Conspiracy and proposal to commit felony:
ACCORDINGLY, the judgment a quo is hereby
modified as follows: Amadeo Peralta, Andres
Conspiracy and proposal to commit felony are Factora, Leonardo Dosal, Angel Parumog,
punishable only in the cases in which the law Gervasio Larita and Florencio Luna are each
specially provides a penalty therefor. pronounced guilty of three separate and distinct
crimes of murder, and are each sentenced to
A conspiracy exists when two or more persons three death penalties; all of them shall, jointly and
come to an agreement concerning the severally, indemnify the heirs of each of the three
commission of a felony and decide to commit it. deceased victims in the sum of P12,000; 51 each
will pay one-sixth of the costs.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.

Held:
Yes, the accused are still guilty of conspiracy and
were charged with equal penalties.

16
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
LAZARTE v SANDIGANBAYAN | AS A CRIME was no actual excavation and road filling
OR MODE OF COMMITTING A CRIME | GR No. works undertaken by A.C. Cruz
180122, March 13, 2009 NHA Board of Directors, per Resolution No.
2453, approved the mutual termination of
Petitioner: FELICISIMO F. LAZARTE, JR. the A.C. Cruz Construction contract and
Respondent: SANDIGANBAYAN (FIRST awarded the remaining work to Triad
DIVISION) Construction and Development Corporation
(Triad). The contract amount for the
Doctrine: Under Philippine law, conspiracy remaining work was P9,554,837.32.
should be understood on two levels. Conspiracy Triad discovered that certain work items
can be a mode of committing a crime or it may be that had been in under the inventory report
constitutive of the crime itself. Generally, as accomplished and acceptable were in
conspiracy is not a crime in our jurisdiction. It is fact non-existent. COA (Commission on
punished as a crime only when the law fixes a Audit) uncovered some anomalies, among
penalty for its commission such as in conspiracy which, are ghost activities, specifically the
to commit treason, rebellion and sedition. When excavation of unsuitable materials and road
conspiracy is charged as a crime, the act of filling works and substandard, defective
conspiring and all the elements of said crime workmanship.
must be set forth in the complaint or information. A.C. Cruz Construction had been overpaid
by as much as P232,628.35. Consequently,
Facts: petitioner, as manager of the Regional
Projects Department and Chairman of the
National Housing Authority (NHA) awarded Inventory and Acceptance Committee, and
the original contract for the infrastructure other NHA officials were charged in an
works on the Pahanocoy Sites and Information dated 5 March 2001.
Services Project, Phase 1 in Bacolod City o The information contains: Accused
to A.C. Cruz Construction. ARCEO C. CRUZ, a private individual and General
The project, with a contract cost of Manager of A.C. Cruz Construction with address
at 7486 Bagtikan Street, Makati City with
P7,666,507.55, was funded by the World deliberate intent, with manifest partiality and
Bank under the Project Loan Agreement evident bad faith, did then and there willfully,
forged on 10 June 1983 between the unlawfully and feloniously cause to be paid to A.C.
Philippine Government and the IBRD-World Construction public funds in the amount of TWO
HUNDRED THIRTY TWO THOUSAND SIX
Bank. HUNDRED TWENTY EIGHT PESOS and THIRTY
A Variation/Extra Work Order No. 1 was FIVE CENTAVOS (P232,628.35) PHILIPPINE
approved for the excavation of unsuitable CURRENCY
materials and road filling works. As a Petitioner filed a motion to quash the
consequence, Arceo Cruz of A.C. Cruz Information based on: (1) the facts charged
Construction submitted the fourth billing in the information do not constitute an
and Report of Physical Accomplishments. offense; (2) the information does not
Fajutag, Jr., however, discovered certain conform substantially to the prescribed
deficiencies. He issued Work Instruction form; (3) the constitutional rights of the
No. 1 requiring some supporting documents accused to be informed of the nature and
like: (1)approved concrete pouring,(2) cause of the accusations against them have
survey results of ground and finished been violated by the inadequacy of the
leaks,(3) volume calculation of earth fill, information; and (4) the prosecution failed
(4)test results quality of materials, (5) work to determine the individual participation of
instructions attesting to the demolished all the accused in the information in
concrete structures. disobedience with the Resolution dated 27
The contractor failed to comply with the March 2005.
work instruction. Upon Fajutag Jr.s further o The allegations of Lazarte that the IAC, due to
certain constraints, allegedly had to rely on the
verification, it was established that there reports of the field engineers and/or the Project

17
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
Office as to which materials were actually Provision/s:
installed; and that he supposedly affixed his
Section 3(e) of Republic Act No. 3019,
signature to the IAC Physical Inventory Report and
Memoranda dated August 12, 1991 despite his not otherwise known as the Anti-Graft and
being able to attend the actual inspection because Corrupt Practices Act, reads:
he allegedly saw that all the members of the
Committee had already signed are matters of
SEC. 3. Corrupt practices of public officers.In
defense which he can address in the course of the
trial. Hence, the quashal of the information with addition to acts or omissions of public officers
respect to accused Lazarte is denied for lack of already penalized by existing law, the following
merit. shall constitute corrupt practices of any public
Subsequently, the Sandiganbayan issued officer and are hereby declared to be unlawful:
the second assailed resolution denying
petitioners motion for reconsideration. xxx
Pertinently, it held:
o The Motion for Reconsideration of accused (e) Causing any undue injury to any party,
Lazarte, Jr. merely reiterated the grounds and
arguments which had been duly considered and including the Government, or giving any private
passed upon in the assailed Resolution. party any unwarranted benefits, advantage or
Nonetheless, after a careful review of the same, preference in the discharge of his official,
the Court still finds no cogent reason to disturb the administrative or judicial functions through
finding of probable cause of the Office of the
Ombudsman to indict accused Lazarte, Jr., manifest partiality, evident bad faith or gross
Espinosa, Lobrido and Cruz of the offense inexcusable negligence. This provision shall
charged. In its Memorandum dated July 27, 2004 apply to officers and employees of offices or
and May 30, 2006, the prosecution was able to government corporations charged with the grant
show with sufficient particularity the respective
participation of the aforementioned accused in the of licenses or permits or other concessions.
commission of the offense charged. The rest of the
factual issues by accused Lazarte, Jr. would Held:
require the presentation of evidence in the course The Information specifically alleges that
of the trial of this case.
petitioner, Espinosa and Lobrido are public
Hence, the instant petition which is a
officers being then the Department Manager,
reiteration of petitioners submissions.
Project Management Officer A and Supervising
Petitioner avers that his constitutional right
Engineer of the NHA respectively; in such
to be informed of the nature and cause of
capacity and committing the offense in relation to
the accusation against him had been
the office and while in the performance of their
violated for failure of the Information to
official functions, connived, confederated and
specify his participation in the commission
mutually helped each other and with accused
of the offense.
Arceo C. Cruz, with deliberate intent through
Petitioner also argues that the facts
manifest partiality and evident bad faith gave
charged in the Information do not constitute
unwarranted benefits to the latter, A.C. Cruz
an offense as no damage or injury had been
Construction and to themselves, to the damage
made or caused to any party or to the
and prejudice of the government.
government.
Finally, petitioner maintains that the The felonious act consisted of causing to be paid
Sandiganbayan lost its jurisdiction over him to A.C. Cruz Construction public funds in the
upon the dismissal of the charges against. amount of P232,628.35 supposedly for
excavation and road filling works on the
Issue/s: W/N the facts charged in the Information Pahanocoy Sites and Services Project in Bacolod
constitute an offense as no damage or injury had City despite the fact that no such works were
been made or caused to any party or to the undertaken by said construction company as
government. revealed by the Special Audit conducted by COA.

On the contention that the Information did not


detail the individual participation of the accused
in the allegation of conspiracy in the Information,

18
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
the Court underscores the fact that under Disposition:
Philippine law, conspiracy should be understood WHEREFORE, premises considered, the instant
on two levels. Conspiracy can be a mode of petition is DISMISSED. The Resolutions dated 2
committing a crime or it may be constitutive of the March 2007 and 18 October 2007 of the First
crime itself. Generally, conspiracy is not a crime Division of the Sandiganbayan are AFFIRMED.
in our jurisdiction. It is punished as a crime only
when the law fixes a penalty for its commission
such as in conspiracy to commit treason, PEOPLE v JOSELITO DEL ROSARIO | NOT
rebellion and sedition. MERE PRESENCE & TRANSCENDS
COMPANIONSHIP | GR No. 127755, April 14,
When conspiracy is charged as a crime, the act 1999
of conspiring and all the elements of said crime
must be set forth in the complaint or information. Petitioner: PEOPLE OF THE PHILIPPINES
But when conspiracy is not charged as a crime in Respondent: JOSELITO DEL ROSARIO
itself but only as the mode of committing the
crime as in the case at bar, there is less necessity Doctrine: A person who acts under the
of reciting its particularities in the Information compulsion of an irresistible force, like one who
because conspiracy is not the gravamen of the acts under the impulse of an uncontrollable fear
offense charged of equal or greater injury, is exempt from criminal
liability because he does not act with freedom.
When conspiracy is charged as a crime, the act Actus me invito factus non est meus actus. An act
of conspiring and all the elements of said crime done by me against my will is not my act. The
must be set forth in the complaint or information. force contemplated must be so formidable as to
But when conspiracy is not charged as a crime in reduce the actor to a mere instrument who acts
itself but only as the mode of committing the not only without will but against his will. The
crime as in the case at bar, there is less necessity duress, force, fear or intimidation must be
of reciting its particularities in the Information present, imminent and impending, and of such
because conspiracy is not the gravamen of the nature as to induce a well-grounded
offense charged. apprehension of death or serious bodily harm if
the act be done. A threat of future injury is not
The conspiracy is significant only because it enough. The compulsion must be of such a
changes the criminal liability of all the accused in character as to leave no opportunity for the
the conspiracy and makes them answerable as accused for escape or self-defense in equal
co-principals regardless of the degree of their combat.
participation in the crime. The liability of the
conspirators is collective and each participant will Facts:
be equally responsible for the acts of others, for On 13 May 1996 A certain Alonzo, who is
the act of one is the act of all. also a tricycle driver was parked at a
distance of about one and a-half (1) meters
In People v. Quitlong from Del Rosario's tricycle and saw what
Conspiracy indictment need not, aver all the has transpired. When the tricycle sped
components of conspiracy or allege all the details away Alonzo gave chase and was able to
thereof, like the part that each of the parties get the plate number of the tricycle.
therein have performed. The information must At around 5:30 in the afternoon Joselito was
state that the accused have confederated to hired for P120.00 by a certain Boy Santos,
commit the crime. Such an allegation, in the his co-accused. Their original agreement
absence of the usual usage of the words was that he would drive him to cockpit at the
conspired or confederated or the phrase acting in Blas Edward Coliseum.
conspiracy, must aptly appear in the information o However, despite their earlier
in the form of definitive acts constituting arrangement Boy Santos directed him to
conspiracy. proceed to the market place to fetch Jun
Marquez and Dodong Bisaya. He (del

19
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
Rosario) acceded. Marquez and Bisaya Santos, Ernesto Jun Marquez and
boarded in front of the parking lot of Dodong Bisaya
Merced Drugstore at the public market. (2) Whether or not he was part of
Subsequently, he was asked to proceed conspiracy
and stop at the corner of Burgos and
General Luna Sts. where Bisaya Provision/s:
alighted on the pretest of buying a
cigarette. Art 8 - Conspiracy and proposal to commit felony:
o A certain Alonzo, who is also a tricycle
driver was parked at a distance of Conspiracy and proposal to commit felony are
about one and a-half (1) meters from Del punishable only in the cases in which the law
Rosario's tricycle, and therefore saw specially provides a penalty therefor.
what will happen next.
o Bisaya then accosted the victim Virginia A conspiracy exists when two or more persons
Bernas and grappled with her for the come to an agreement concerning the
possession of her bag. Jun Marquez commission of a felony and decide to commit it.
alighted from the tricycle to help Dodong
Bisaya.
There is proposal when the person who has
o Accused del Rosario tried to leave and
decided to commit a felony proposes its
seek help but Boy Santos who stayed
execution to some other person or persons.
inside the tricycle prevented him from
leaving and threatened in fact to shoot
Held:
him.
(1) YES. His claim for exemption from criminal
Meanwhile, Dodong Bisaya succeeded in
liability under Art. 12, par. 5, Revised Penal Code
taking the victims bag, but before boarding
as he acted under the compulsion of an
the tricycle Jun Marquez mercilessly shot
irresistible force must be sustained. He was then
the victim on the head while she was lying
unarmed and unable to protect himself when he
prone on the ground. After the shooting,
was prevented at gunpoint by his co-accused
Dodong Bisaya boarded the sidecar of the
from leaving the crime scene during the
tricycle while Jun Marquez rode behind del
perpetration of the robbery and killing, and was
Rosario and ordered him to start the engine
only forced to help them escape after the
and drive towards Dicarma. The witness,
commission of the crime.
Alonzo gave chase and was able to get the
plate number of the tricycle.
As a rule, it is natural for people to be seized by
o While inside his tricycle, del Rosario
fear when threatened with weapons, even those
overheard his passengers saying that
less powerful that a gun, such as knives and
they would throw the bag at Zulueta St.
clubs. People will normally, usually and probably
where there were cogon grasses. Upon
do what an armed man asks them to do, nothing
arriving at Dicarma, the three (3) men
more, nothing less. In the instant case, del
alighted and warned del Rosario not to
Rosario was threatened with a gun. He could not
inform the police authorities about the
therefore be expected to flee nor risk his life to
incident otherwise he and his family
help a stranger. A person under the same
would be harmed. Del Rosario then
circumstances would be more concerned with his
went home.[13] Because of the threat,
personal welfare and security rather than the
however, he did not report the matter to
safety of a person whom he only saw for the first
the owner of the tricycle nor to the
time that day.
barangay captain and the police.
(2) No. The trial court anchored del Rosarios
Issue/s:
conviction on his participation in the orchestrated
(1) Whether or not there was the presence of
acts of Boy Santos, Jun Marquez and Dodong
threat and irresistible force employed
Bisaya. According to the trial court, del Rosario
upon him by his co-accused Virgilio Boy

20
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
facilitated the escape of the other malefactors Therefore, in order to convict the accused, the
from the crime scene and conspiracy between presence of an implied conspiracy is required to
accused and his passengers was evident be proved beyond reasonable doubt. However,
because while the grappling of the bag, the the fact that del Rosario was with the other
chasing of the helper of the victim and the accused when the crime was committed is
shooting that led to the death of Virginia Bernas insufficient proof to show cabal. Mere
were happening, accused Joselito del Rosario companionship does not establish conspiracy.
was riding on his tricycle and the engine of the The only incriminating evidence against del
motor was running; that the accused did not deny Rosario is that he was at the scene of the crime
that the tricycle driven by him and under his but he has amply explained the reason for his
control was hired and used by his co-accused in presence and the same has not been
the commission of the crime; neither did he deny successfully refuted by the prosecution. As stated
his failure to report to the authorities the incident earlier, he feared for his safety and security
of robbery, killing and fleeing away from the because of the threat made by his co-accused
scene of the crime. that he would, be killed should he shout for help.
No complicity can be deduced where there is
We disagree with the trial court. A conspiracy in absolutely no showing that the accused directly
the statutory language exists when two or more participated in the overt act of robbing and
persons come to an agreement concerning the shooting although he was with the persons who
commission of a felony and decide to commit it. robbed and killed the victim.
The objective of the conspirators is to perform an
act or omission punishable by law. That must be Disposition:
their intent. There is need for concurrence of wills WHEREFORE, the decision of the Regional Trial
or unity of action and purpose or for common and Court of Cabanatuan City convicting accused
joint purpose and design. Its manifestation could JOSELITO DEL ROSARIO Y PASCUAL of
be shown by united and concerted action. Robbery with Homicide and sentencing him to
In the instant case, while del Rosario admits that death, is REVERSED and SET ASIDE, and the
he was at the locus criminis as he was the driver accused is ACQUITTED of the crime charged.
of the getaway vehicle, he nonetheless rebuts the His immediate RELEASE from confinement is
imputation of guilt against him by asserting that ordered unless held for some other lawful cause.
he had no inkling of the malevolent design of his In this regard, the Director of Prisons is directed
co-accused to rob and kill since he was not given to report to the Court his compliance herewith
any briefing thereof. He was merely hired by Boy within five (5) days from receipt hereof.
Santos to drive to an agreed destination and he
was prevented at gunpoint from leaving the scene STAGES OF PUNISHABLE CONDUCT
of the crime since he was ordered to help them (ART, 6 ATTEMPTED, FRUSTRATED,
escape. CONSUMMATED)
Attempted: There is an attempt when the
Mere knowledge, acquiescence or approval of offender performs all the acts of execution
the act, without the cooperation or agreement to which would produce the felony as a
cooperate, is not enough to constitute one a party consequence but which, nevertheless, do not
produce it by reason of causes independent of
to a conspiracy, but that there must be intentional
the will of perpetrator
participation in the transaction with a view to the
Frustrated: It is frustrated when the offender
furtherance of the common design and purpose. performs all the acts of execution which would
Conspiracy must be established, not by produce the felony as a consequence but
conjectures, but by positive and conclusive which nevertheless, do not produce it by
evidence. In fact, the same degree of proof reason of spontaneous desistance.
necessary to establish the crime is required to Consummated: a felony is consummated
support a finding of the presence of a criminal when all the elements necessary for its
conspiracy, which is, proof beyond reasonable execution and accomplishment are present.
doubt.

21
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
ATTEMPTED FELONY produce it by reason of causes independent of
ELEMENTS: the will of the perpetrator.
(1) The offender commences the There is an attempt when the offender
commission of the felony directly by commences the commission of a felony directly
overt acts; or over acts, and does not perform all the acts of
(2) He does not perform all the acts of execution which should produce the felony by
execution which would produce felony; reason of some cause or accident other than this
(3) The offenders act is not stopped by own spontaneous desistance.
his own spontaneous desistance;
(4) The non-performance of all acts of Held:
execution was due to cause or The crime cannot be attempted murder. This is
accident other than his own clear from the fact that the defendant performed
spontaneous desistance. all of the acts which should have resulted in the
consummated crime and voluntarily desisted
U.S. v EDUAVE | NEVER PASSES from further acts.
SUBJECTIVE PHASE | 36 PHIL. 209 (1917) A crime cannot be held to be attempted unless
the offender, after beginning the commission of
Petitioner: The United States the crime by overt acts, is prevented, against
Respondent: Protasio Eduave his will, by some outside cause from performing
all of the acts which should produce the crime.
Doctrine: The subjective phase is that portion of In other words, to be an attempted crime the
the acts constituting the crime included between purpose of the offender must be thwarted by a
the act which begins the commission of the crime foreign force or agency which intervenes and
and the last act performed by the offender which, compels him to stop prior to the moment when
with the prior acts, should result in the he has performed all of the acts which should
consummated crime. produce the crime as a consequence, which
acts it is his intention to perform. If he has
Facts: performed all of the acts which should result in
Protasio Eduave (Eduave), the querida the consummation of the crime and voluntarily
(paramour) of the victims mother, attacked the desists from proceeding further, it cannot be an
victim from behind with a bolo. attempt.
Eduave attacked the victim because the latter The essential element which distinguishes
charged him criminally for the crime of rape. attempted from frustrated felony is that, in the
The attack caused a huge gash measuring up latter, there is no intervention of a foreign or
to 8 1/2 inches long, and 2 inches deep on the extraneous cause or agency between the
victims lumbar area, severing all muscles and beginning of the commission of the crime and
tissue in the area. the moment when all of the acts have been
performed which should result in the
Issue/s: WoN Eduave should be charged with consummated crime; while in the former there
attempted or frustrated murder or attempted or is such intervention and the offender does not
frustrated homicide. arrive at the point of performing all of the acts
which should produce the crime. He is stopped
Provision/s: short of that point by some cause apart from his
voluntary desistance.
Art. 6. Consummated, frustrated, and To put it in another way, in case of an attempt
attempted felonies. Consummated felonies the offender never passes the subjective phase
as well as those which are frustrated and of the offense. He is interrupted and compelled
attempted, are punishable. to desist by the intervention of outside causes
A felony is consummated when all the before the subjective phase is passed.
elements necessary for its execution and On the other hand, in case of frustrated crimes
accomplishment are present; and it is frustrated the subjective phase is completely passed.
when the offender performs all the acts of Subjectively the crime is complete. Nothing
execution which would produce the felony as a interrupted the offender while he was passing
consequence but which, nevertheless, do not through the subjective phase. The crime,
however, is not consummated by reason of the

22
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
intervention of causes independent of the will of At early dawn on March 2, 1935, policeman
the offender. He did all that was necessary to Jose Tomambing, who was patrolling his
commit the crime. If the crime did not result as beat on Delgado and C.R. Fuentes streets
a consequence it was due to something beyond of the City of Iloilo, caughtthe accused in the
his control. act of making an opening with an iron bar
The subjective phase is that portion of the acts on the wall of a store of cheap goods
constituting the crime included between the act located on the last named street.
which begins the commission of the crime and
At that time the owner of the store, Tan Yu,
the last act performed by the offender which,
was sleeping inside with another
with the prior acts, should result in the
consummated crime. From that time forward Chinaman.
the phase is objective. It may also be said to be The accusedhad only succeeded in
that period occupied by the acts of the offender breaking one board and in unfastening
over which he has control that period another from the wall, when the policeman
between the point where he begins and the showed up, who instantly arrested him and
points where he voluntarily desists. If between placed him under custody.
these two points the offender is stopped by
reason of any cause outside of his own Issue/s: Whether or not the accused was
voluntary desistance, the subjective phase has erroneously declared guilty of attempted robbery.
not been passed and it is an attempt. If he is not (YES)
so stopped but continues until he performs the
last act, it is frustrated.
Provision/s:
Disposition: Art. 6. Consummated, frustrated, and
That the case before us is frustrated is clear. attempted felonies. Consummated felonies
as well as those which are frustrated and
The penalty should have been thirteen years of attempted, are punishable.
cadena temporal there being neither aggravating A felony is consummated when all the
nor mitigating circumstance. As so modified, the elements necessary for its execution and
judgment is affirmed with costs. So ordered. accomplishment are present; and it is frustrated
when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not
PEOPLE v. LAMAHANG | LOGICAL produce it by reason of causes independent of
RELATION TO A CONCRETE OFFENSE | 61 the will of the perpetrator.
PHIL 703 (1935) There is an attempt when the offender
commences the commission of a felony directly
PLAINTIFF- APPELLEE: THE PEOPLE OF or over acts, and does not perform all the acts of
THE PHILIPPINE ISLANDS execution which should produce the felony by
DEFENDANT-APPELLANT: AURELIO reason of some cause or accident other than this
LAMAHANG own spontaneous desistance

Doctrine: The attempt to commit an offense Held:


which the Penal Code punishes is that which has He was erroneously declared guilty of
a logical relation to a particular, concrete offense; attempted robbery. It is necessary to prove
that, which is the beginning of the execution of the that said beginning of execution, if carried
offense by overt acts of the perpetrator, leading to its complete termination following its
directly to its realization and consummation. natural course, without being frustrated by
external obstacles nor by the voluntary
Facts: desistance of the perpetrator, will logically
The defendant Aurelio Lamahang is on and necessarily ripen into a concrete
appeal from a decision finding him guilty of offense.
attempted robbery. Thus, in case of robbery, in order that the
simple act of entering by means of force or

23
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
violence another person's dwelling may be that period between the point where he begins
considered an attempt to commit this and the point where he voluntarily desists.
offense, it must be shown that the offender
clearly intended to take possession, for the Facts:
purpose of gain, of some personal property Culled from the eyewitness account of
belonging to another. In the instant case, Marlon Araque, he discloses that around
there is nothing in the record from which 5:00 p.m. of August 14, 1991, he and his
such purpose of the accused may brother Jeonito were in Purok 4, Alabang,
reasonably be inferred. Muntinlupa to collect a sum of money from
From the fact established and stated in the a certain Tino.
decision, that the accused on the day in o Having failed to collect anything from
question was making an opening by means Tino, they then turned back. On their
of an iron bar on the wall of Tan Yu's store, way back while they were passing
it may only be inferred as a logical Tramo near Tinos place, a group
conclusion that his evident intention was to composed of Agapito Listerio, Samson
enter by means of force said store against dela Torre, George dela Torre, Marlon
the will of its owner. That his final objective, dela Torre and Bonifacio Bancaya
once he succeeded in entering the store, blocked their path and attacked them
was to rob, to cause physical injury to the with lead pipes and bladed weapons.
inmates, or to commit any other offense, o His brother, Jeonito, was stabbed from
there is nothing in the record to justify a behind and sustained three stab wounds
concrete finding. causing him to fall down. Marlon was hit
on the head with lead pipes and
Disposition: momentarily lost consciousness.
Wherefore, the sentence appealed from is o When he regained his sense, he saw
revoked and the accused is hereby held guilty of that his bro Jeonito was already dead.
attempted trespass to dwelling, committed by Their assailants then fled after the
means of force, with the aforesaid aggravating incident. Marlon, who sustained injuries
and mitigating circumstances and sentenced to in the arm and back, was thereafter
three months and one day of arresto mayor, with brought to a hospital for treatment.
the accessory penalties thereof and to pay the
costs. Accuseds version: he was in the store of
Nimfa Agustin having a little fun with Edgar
Demolador and Andres Gininao drinking
beer.
PEOPLE v LISTERIO | SUBJECTIVE AND
o At around 2:00 oclock he went to his
OBJECTIVE PHASE; INTENT TO KILL | 335
house and slept. He was awaken by the
SCRA 40 (2000)
two and told him there was a quarrel
near the railroad track.
PLAINTIFF-APPELLE: People of the Philippines
o He was invited by the two policemen for
ACCUSED-APPELLANT: Agapito Listerio y questioning with his co-accused
Prado Samson dela Torre, and was implicated
in the sinumpaang salaysay of Marlon
Doctrine: Subjective phase is meant that for the death of Jeonito Araque and the
portion of the acts constituting the crime included frustrated murder of Marlon Araque.
between the act which begins the commission of o He professed his innocence and insisted
the crime and the last act performed by the that Marlons testimony is insufficient to
offender which, with the prior acts, should result convict him of the crimes charged.
in the consummated crime.
From that time forward, the phase is objective. Trial Court rendered judgment only against
It may also be said to be that period occupied by accused Agapito Listerio because his co-
the acts of the offender over which he has control accused Samson dela Torre escaped

24
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
during the presentation of the prosecutions the subjective phase in the commission of
evidence and he was not tried in absentia. an offense has been passed.
Their other co-accuseds have remained at By subjective phase is meant that portion
large. of the acts constituting the crime included
o The trial court convicted the accused for between the act which begins the
the crime of Murder and Attempted commission of the crime and the last act
Homicide only on the basis of Dr. performed by the offender which, with the
Manimtims testimony that none of the prior acts, should result in the
wounds sustained by Marlon Araque consummated crime. From that time
were fatal. forward, the phase is objective. It may also
be said to be that period occupied by the
Issue/s: WON the accused should be charged acts of the offender over which he has
with Attempted Murder for the reason that none control that period between the point
of the wounds sustained by Marlon were fatal. where he begins and the point where he
voluntarily desists.
Provision/s: If between these two points the offender is
stopped by reason of any cause outside of
Art. 8. Conspiracy and proposal to commit felony. his own voluntary desistance, the
Conspiracy and proposal to commit felony are subjective phase has not been passed and
punishable only in the cases in which the law it is an attempt. If he is not so stopped but
specially provides a penalty therefor.chanrobles continues until he performs the last act, it is
virtual law library frustrated.
It must be remembered that a felony is
A conspiracy exists when two or more persons
frustrated when:
come to an agreement concerning the
1.] the offender has performed all the
commission of a felony and decide to commit it.
acts of execution which would produce
Art. 6. Consummated, frustrated, and attempted the felony;
felonies. Consummated felonies as well as 2.] the felony is not produced due to
those which are frustrated and attempted are causes independent of the perpetrators
punishable. will.
On the other hand, in an attempted felony:
A felony is consummated when all the elements 1.] the offender commits overt acts to
necessary for its execution and accomplishment commence the perpetration of the crime;
are present; and it is frustrated when the offender 2.] he is not able to perform all the acts of
performs all the acts of execution which would execution which should produce the
produce the felony as a consequence but which, felony; and
nevertheless, do not produce it by reason of 3.] his failure to perform all the acts of
causes independent of the will of the perpetrator. execution was due to some cause or
There is an attempt when the offender accident other than his spontaneous
commences the commission of a felony directly desistance.
or over acts, and does not perform all the acts of It bears stressing that intent to kill
execution which should produce the felony by determines whether the infliction of injuries
reason of some cause or accident other than this should be punished as attempted or
own spontaneous desistance. frustrated murder, homicide, parricide or
consummated physical injuries.
Held: o Homicidal intent must be evidenced by
The reasoning of the lower court is flawed acts which at the time of their execution
because it is not the gravity of the wounds are unmistakably calculated to produce
inflicted which determines whether a felony the death of the victim by adequate
is attempted or frustrated but whether or not means. Suffice it to state that the intent
to kill of the malefactors herein who were
armed with bladed weapons and lead

25
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
pipes can hardly be doubted given the Facts:
prevailing facts of the case. On May 27, 1997 respondent Primo
o It also cannot be denied that the crime is Camuhan was found guilty of statutory rape
a frustrated felony not an attempted and sentenced by the court a quo to the
offense considering that after being extreme penalty of death
stabbed and clubbed twice in the head As stated in the evidence, on April 25, 1996,
as a result of which he lost at around 4pm, Corazon P. Pamintuan, a
consciousness and fell, Marlons mother of four children went down to the
attackers apparently thought he was house to prepare Milo drinks for her 2
already dead and fled. children.
At the ground floor she met Primo Camuhan
Disposition: who was then a helper of Conrada Plata Jr.,
brother of Corazon. As she was busy
preparing the drinks, she heard one of her
WHEREFORE, the appealed decision is
daughter cry and saying Ayoko, Ayoko
AFFIRMED with the following MODIFICATIONS:
prompting Corazon to rush upstairs.
Consequently, she saw Primo Camuhan
1.] the award of P5,000.00 to Marlon Araque inside her childrens room kneeling before
by way of moral damages in Criminal Case Crysthel whose pajamas and panty were
No. 91-5843 is DELETED; already removed, while his pants is down
2.] Accused-Appellant is found GUILTY under his knees and his right hand holding
beyond reasonable doubt in Criminal Case his penis.
No. 91-5843 of Frustrated Homicide and is According to Corazon, Primo was forcing his
sentenced to suffer an indeterminate penalty penis into Crysthels vagina. Horrified, she
of Six (6) Years of Prision Correccional, as cursed the accused, P-t-ng ina mo anak ko
minimum to Ten (10) Years and One (1) Day yan! and boxed him
of Prision Mayor, as maximum. several times. He pushed Corazon aside
when she tried to block his path.
After finality of this Decision, the records shall be Secons later, Primo was apprehended by
remanded to the Regional Trial Court of Makati those who answered Corazons call for help
City, which is directed to render judgment based and immediately called for barangay officials
instead of detaining him from his misdeed.
on the evidence against Samson dela Torre y
Esquela. Physical examination of the victim yielded
negative results. No evident sign of extra-
genital physical injury was detected as her
hymen was intact.
PEOPLE v CAMPUHAN | IN RAPE, TOUCHING On May 27,1997, Although Campuhan
THE MONS PUBIS OF THE PUDENDUM | 329 insisted on his innocence the trial court
SCRA 270 (2000) found him guilty of statutory rape, sentenced
him to extreme penalty of death, and
Petitioner: PEOPLE OF THE PHILIPPINES ordered him to pay the victim P50,000.00 for
Respondent: PRIMO CAMUHAN Y BELLO moral damages, P25,000.00 for exemplary
damages, and the costs.
Doctrine: Rape is attempted when the offender
commences the commission of rape directly by Issue: Whether or not respondent Campuhan is
overt acts, and does not perform all the acts of guilty of statutory rape. (NO)
execution which should produce the crime of rape
Provision/s:
by reason of some cause or accident other than Article 335 of the Revised Penal Code - When
his own spontaneous desistance. All the and how rape is committed. - Rape is committed
elements of attempted rape and only of attempted by having carnal knowledge of a woman under
rape are present in the instant case, hence, the any of the following circumstances:
accused should be punished only for it.
1. By using force or intimidation;

26
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
2. When the woman is deprived of reason or contact between the accused and the
otherwise unconscious; and victim.
3. When the woman is under twelve years of There was indeed an attempt on the part of
age, even though neither of the Camuhan but it was clearly stated in the
circumstances mentioned in the two next facts that it was not a consummated rape.
preceding paragraphs shall be present
Disposition:
Article 6 of the Revised Penal Code - WHEREFORE, the Decision of the court a quo
Consummated, frustrated, and attempted finding accused PRIMO "SONNY" CAMPUHAN
felonies. Y BELLO guilty of statutory rape and sentencing
him to death and to pay damages is MODIFIED.
Consummated felonies as well as those which He is instead found guilty of ATTEMPTED RAPE
are frustrated and attempted, are punishable. and sentenced to an indeterminate prison term of
eight (8) years four (4) months and ten (10) days
A felony is consummated when all the elements of prision mayor medium as minimum, to fourteen
necessary for its execution and accomplishment (14) years ten (10) months and twenty (20) days
are present; and it is frustrated when the offender of reclusion temporal medium as maximum.
performs all the acts of execution which would Costs de oficio.
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator. PEOPLE v PAREJA | IN RAPE, TOUCHING
THE MONS PUBIS OF THE PUDENDUM | GR
There is an attempt when the offender No. 188979, SEPTEMBER 5, 2012
commences the commission of a felony directly
or over acts, and does not perform all the acts of Plaintiff-Appellee: PEOPLE OF THE
execution which should produce the felony by PHILIPPINES
reason of some cause or accident other than this Accused-Appellant: BERNABE PAREJA
own spontaneous desistance.
Doctrine: In rape, when the "touching" of the
Held: vagina by the penis is coupled with the intent to
Respondent Camuhan is guilty of penetrate, attempted rape is committed;
ATTEMPTED RAPE and sentenced to an otherwise, the crime committed is merely acts of
indeterminate prison term of eight years, lasciviousness
four months, ten days of prison mayor
medium as minimum, to fourteen years, ten Facts:
months and twenty days of reclusion The accused-appellant Bernabe Pareja y
temporal medium as maximum. Cruz (Pareja) is appealing the decision of
It was held that labia majore must be the Court of Appeals which affirmed in toto
entered for rape to be consummated. It is the conviction for Rape and Acts of
indeed an attempted rape due to fact that Lasciviousness meted out by Branch 113,
there was no penetration done on the part Regional Trial Court (RTC) of Pasay City.
of Camuhan. o Pareja was charged with two counts of
o It is stated in Article 6 (2) attempt when Rape and one Attempted Rape.
the offender commences the The victim, AAA, was thirteen (13) years of
commission of a felony directly or over age when the alleged acts of lasciviousness
acts, and does not perform all the acts and sexual abuse took place on three (3)
of execution, moreover, different dates, particularly in December
o Crysthel made a categorical statement 2003, February 2004, and March 27, 2004.
denying penetration but her vocabulary o AAAs parents separated when she was
is underdeveloped and Corazon only eight years old. At the time of the
narrated that Primo had to hold his penis commission of the aforementioned
showing that he had yet to attain crimes, AAA was living with her mother
erection to be able to penetrate on the and with herein accused-appellant
victim. Bernabe Pareja who, by then, was
o As evidenced there is also no medical
basis to hold that there was sexual

27
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
cohabiting with her mother, together AAAs mother then filed a complaint for rape
with three (3) of their children. before the Pasay City Police Station.
The first incident took place on December As his defense, Pareja offered both denial
2003. AAAs mother was not in the house and ill motive of AAA against him. He
and was with her relatives in Laguna. denied raping AAA but admitted that he
Taking advantage of the situation, while knew her as she is the daughter of his live-
AAA was asleep, Pareja placed himself on in partner and that they all stay in the same
top of. Then, Pareja, who was already house.
naked, begun to undress AAA. o He also averred that it would have been
o He then started to suck her breasts. Not impossible that the alleged incidents
satisfied, he likewise inserted his penis happened.
into AAAs anus. o To justify the same, he described the
o Because of the excruciating pain that layout of their house and argued that
she felt, AAA immediately stood up and there was no way that the alleged sexual
rushed outside of their house. abuses could have happened.
Despite such traumatic experience, AAA o Further, the vicinity where their house is
never told anyone about the incident for located was thickly populated with
fear that Pareja might kill her. He houses constructed side by side.
threatened to kill AAA in the event that she Allegedly, AAA also had no choice but to
would expose the incident to anyone. sleep beside her siblings.
AAA narrated that the incident happened o All taken into account, [Pareja]
more than once. On February 2004, she asseverated that it was hard to imagine
had again been molested by Pareja. With how he could possibly still go about with
her mother not around and her half-siblings his plan without AAAs siblings nor their
asleep, he again laid on top of her and neighbors noticing the same.
started to suck her breasts. He caressed o Verily, Pareja was adamant and claimed
her and held her vagina and inserted his innocence as to the imputations hurled
finger in it. against him by AAA. He contended that
With regard to the March 2004 incident, it AAA filed these charges against him
was AAAs mother who saw Pareja in the only as an act of revenge because AAA
act of lifting the skirt of her daughter AAA was mad at him for being the reason her
while the latter was asleep. parents separation.
o Outraged, AAAs mother immediately The RTC acquitted Pareja from the charge
brought AAA to the barangay officers to of attempted rape for want of evidence but
report the said incident. AAA then convicted him of the crimes of rape and acts
narrated to the barangay officials that of lasciviousness in the December 2003
she had been sexually abused by Pareja and February 2004 incidents, respectively.
many times. o The RTC, in convicting Pareja of the
Subsequently, AAA, together with her crime of Rape and Acts of
mother, proceeded to the Child Protection Lasciviousness, gave more weight to
Unit of the Philippine General Hospital for a the prosecutions evidence as against
medical and genital examination. On March Parejas baseless denial and imputation
29, 2004, Dr. Tan issued Provisional of ill motive.
Medico-Legal Report Number 2004-03- o However, due to the failure of the
0091. Her medico-legal report stated the prosecution to present AAAs mother to
following conclusion: testify about what she had witnessed in
o Hymen: Tanner Stage 3, March 2004, the RTC had to acquit
hymenal remnant from 5-7 Pareja of the crime of Attempted Rape
oclock area, Type of hymen: in the March 2004 incident for lack of
Crescentic evidence.
o Genital findings show Clear o The RTC could not convict Pareja on the
Evidence of Blunt Force or basis of AAAs testimony for being
Penetrating Trauma. hearsay evidence as she had no
After the results of the medico-legal report personal knowledge of what happened
confirmed that AAA was indeed raped, on March 27, 2004 because she was
sleeping at that time.

28
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
circumstance coupled with the victims
Issue/s: WON the rape was consummated. declaration that she was resisting the appellants
attempt to insert his penis into her vagina
Provision/s: makes penile penetration highly difficult, if not
Article 335 of the Revised Penal Code - When improbable. Significantly, nothing in the records
and how rape is committed. - Rape is committed supports the CAs conclusion that the appellants
by having carnal knowledge of a woman under penis penetrated, however slightly, the victims
any of the following circumstances: female organ.

1. By using force or intimidation; Simply put, "rape is consummated by the


2. When the woman is deprived of reason or slightest penile penetration of the labia majora or
otherwise unconscious; and pudendum of the female organ."27 Without any
3. When the woman is under twelve years of showing of such penetration, there can be no
age, even though neither of the consummated rape; at most, it can only be
circumstances mentioned in the two next attempted rape [or] acts of lasciviousness.
preceding paragraphs shall be present
The prosecution failed to present sufficient and
Article 6 of the Revised Penal Code - convincing evidence to establish the required
Consummated, frustrated, and attempted penile penetration. AAAs testimony did not
felonies: establish that the appellants penis touched the
labias or slid into her private part. Aside from
Consummated felonies as well as those which AAAs testimony, no other evidence on record,
are frustrated and attempted, are punishable. such as a medico-legal report, could confirm
whether there indeed had been penetration,
A felony is consummated when all the elements however slight, of the victims labias. In the
necessary for its execution and accomplishment absence of testimonial or physical evidence to
are present; and it is frustrated when the offender establish penile penetration, the appellant cannot
performs all the acts of execution which would be convicted of consummated rape.
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of Article 6 of the Revised Penal Code, as amended,
causes independent of the will of the perpetrator. states that there is an attempt when the offender
commenced the commission of the crime directly
There is an attempt when the offender by overt acts but does not perform all the acts of
commences the commission of a felony directly execution by reason of some cause or accident
or over acts, and does not perform all the acts of other than his own spontaneous desistance.
execution which should produce the felony by
reason of some cause or accident other than this In People v. Publico,29 we ruled that when the
own spontaneous desistance. "touching" of the vagina by the penis is coupled
with the intent to penetrate, attempted rape is
Held: committed; otherwise, the crime committed is
The Court ruled in the negative. We find that the merely acts of lasciviousness.
prosecution failed to prove the appellants guilt
beyond reasonable doubt of the crime of In the present case, the appellant commenced
consummated rape. We convict him instead of the commission of rape by the following overt
attempted rape, as the evidence on record shows acts: kissing AAAs nape and neck; undressing
the presence of all the elements of this crime. her; removing his clothes and briefs; lying on top
of her; holding her hands and parting her legs;
From the foregoing, we find it clear that the and trying to insert his penis into her vagina. The
appellants penis did not penetrate, but merely appellant, however, failed to perform all the acts
touched (i.e.,"naidikit"), AAAs private part. In of execution which should produce the crime of
fact, the victim confirmed on cross-examination rape by reason of a cause other than his own
that the appellant did not succeed in inserting his spontaneous desistance, i.e., the victim's loud
penis into her vagina. Significantly, AAAs cries and resistance. The totality of the
Sinumpaang Salaysay24 also disclosed that the appellants acts demonstrated the unmistakable
appellant was holding the victims hand when he objective to insert his penis into the victims
was trying to insert his penis in her vagina. This private parts.

29
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
was treacherous. The crime now
"In rape cases, the prosecution bears the primary becomes murder as it is qualified by
duty to present its case with clarity and treachery
persuasion, to the end that conviction becomes The essential condition of frustrated
the only logical and inevitable conclusion."42 We crime is that the author performs all acts
emphasize that a conviction cannot be made to of execution, attended the attack and
rest on possibilities; strongest suspicion must not
nothing remained to be done to
be permitted to sway judgment. In the present
case, the prosecution failed to discharge its accomplish the work of the assailant.
burden of proving all the elements of The cause of failure of attack arose by
consummated rape. forces independent of will of perpetrator.

Disposition: Borinaga guilty of frustrated


PEOPLE v BORINAGA | MAIN ELEMENT OF murder.
ATTEMPTED OR FRUSTRATED HOMICIDE
OR MURDER | 55 PHIL. 433 (1930) FRUSTRATED FELONY
ELEMENTS:
Plaintiff-Appellee: PEOPLE OF THE (1) The offender
PHILIPPINES performs all the acts
Accused-Appellant: BORINAGA of execution;
(2) All the acts
Doctrine: Essential condition of frustrated crime performed would
is author performs all acts of execution and produce the felony as
nothing remained to be done to accomplish work a consequence;
of the assailant. (3) But the felony is not
produced; and
Facts: (4) By reason of causes
Mooney was a resident of Leyte and independent of the
contracted with Lawaan for construction of will of the perpetrator.
fish corral
Borinaga was an associate of Lawaan PEOPLE v CABALLERO | SUBJECTIVE,
Lawaan went to Mooneys shop to try and CRIME IS COMPLETE | 400 SCRA 424 (2003)
collect money for the whole amount of the
Plaintiff-Appellee: PEOPLE OF THE
contract but only 2/3 of the work was
PHILIPPINES
completed
Accused-Appellant: CABALLAERO
Mooney refused to pay
Mooney then went to the store of Perpetua Doctrine: A crime is frustrated when the offender
Perpetua saw Borinaga from his window has performed all the acts of execution which
strike a knife at Mooney, it missed and was should result in the consummation of the crime.
embedded in the chair The offender has passed the subjective phase in
Borinaga then made a second attempt and the commission of the crime. Subjectively, the
stated I will stab mooney, hes a brute and crime is complete. Nothing interrupted the
I missed my mark offender while passing through the subjective
phase. He did all that is necessary to
Eventually Borinaga was caught.
consummate the crime. However, the crime is not
Issue/s: W/N Borinaga is liable for frustrated consummated by reason of the intervention of
murder? causes independent of the will of the offender.

Provision/s: Article 6 RPC Facts:


Appellants are convicted of murder.
Held: In the afternoon of August 3, 1994,
YES, Homicidal intent was shown by his Armando (Baby), Robito (Bebot) and
words and he tried to use deadly Marciano, Jr. (Jun), all surnamed
weapons to blow vital organs and this Caballero, were having a drinking spree in

30
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
the house of their brother Ricardo in the Issue/s: WoN the appelants are guilty of
Mondragon Compound. frustrated murder for the injuries of Arnold. (YES)
o 7:00 PM, Eugene Tayactac and Arnold
Barcuma, arrived in the sari-sari store of Provision/s:
Wilma Broce.
o Eugene had dinner in the store while Article 6 of the Revised Penal Code -
Arnold proceeded to the house of Susan Consummated, frustrated, and attempted
Broce, girlfriend of Eugene. felonies:
o Later then, Armando Caballero arrived
in the store and asked Eugene in an Consummated felonies as well as those which
angry tone. are frustrated and attempted, are punishable.
o After the quarrel, Armandos brothers
joined and were armed with knives. A felony is consummated when all the elements
o Eugene left the store. necessary for its execution and accomplishment
o As Eugene walked going to the are present; and it is frustrated when the offender
compound, Armando suddenly grabbed performs all the acts of execution which would
Eugene. produce the felony as a consequence but which,
o The brothers joined in and Armando nevertheless, do not produce it by reason of
took a wooden pole and hit Eugene with causes independent of the will of the perpetrator.
it.
o The latter tried to parry the blows of the There is an attempt when the offender
Caballero brothers, to no avail. commences the commission of a felony directly
o In the process, Eugene was stabbed or over acts, and does not perform all the acts of
three times. execution which should produce the felony by
o Myrna returned to the window and saw reason of some cause or accident other than this
the Caballero brothers assaulting own spontaneous desistance.
Eugene, and shouted for help.
o While Wilma, witnessed the whole
incident. Held:
o Arnold saw the commotion and rushed In Criminal Case No. RTC-1219, the appellants
to the scene, and asked the Caballero are guilty of frustrated murder under Article 248
brothers whats the problem but Ricardo in relation to Article 6, first paragraph of the
accosted Arnold and stabbed the latter. Revised Penal Code which reads:
o Arnold fled for his life and hid under the
house of a neighbor, Leonilo rushed A felony is consummated when all the elements
from his to where the commotion was necessary for its execution and accomplishment
but was met by Robito who stabbed him are present; and it is frustrated when the offender
on the chest. performs all the acts of execution which would
o Lucio Broce, uncle of Leonilo brought produce the felony as a consequence but which,
Eugene, Leonilo and Arnold to the nevertheless, do not produce it by reason of
hospital but Eugene and Leonilo causes independent of the will of the perpetrator.
eventually died.
Armando, Ricardo, Marciano, Jr. and The essential elements of a frustrated felony are
Robito, were charged with Murder for the as follows:
death of Leonilo Broce, Eugene Tayactac
and frustrated murder for the injuries of Elements:
Arnold Barcuma. 1. The offender performs all the acts of execution;
On September 1994, the Caballeros were 2. All the acts performed would produce the
pleaded not guilty to all the charges. And felony as a consequence;
denied all the allegations against them 3. But the felony is not produced;
providing adduced evidence. 4. By reason of causes independent of the will of
After due proceedings, trial court rendered the perpetrator.
judgment finding all the three accused guilty
beyond reasonable doubt as principals of In the leading case of United States v. Eduave,
the crimes charged. Justice Moreland, speaking for the Court,
distinguished an attempted from frustrated

31
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
felony. He said that to be an attempted crime the 2. In Criminal Case No. RTC-1218, the appellants
purpose of the offender must be thwarted by a are found guilty beyond reasonable doubt of
foreign force or agency which intervenes and murder under Article 248 of the Revised Penal
compels him to stop prior to the moment when he Code, qualified by treachery, and are sentenced
has performed all the acts which should produce to suffer the penalty of reclusion perpetua and
the crime as a consequence, which act it is his ordered to pay in solidum the heirs of the victim
intention to perform. Eugene Tayactac, the amounts of P50,000 as
civil indemnity and P50,000 as moral damages.
The subjective phase in the commission of a
crime is that portion of the acts constituting the 3. In Criminal Case No. RTC-1219, the appellants
crime included between the act which begins the are found guilty beyond reasonable doubt of
commission of the crime and the last act frustrated murder under Article 248 in relation to
performed by the offender which, with prior acts, Article 6, first paragraph of the Revised Penal
should result in the consummated crime. Code and are hereby sentenced to suffer an
Thereafter, the phase is objective. indeterminate penalty of from nine (9) years and
four (4) months of prision mayor in its medium
In case of an attempted crime, the offender never period, as minimum, to seventeen (17) years and
passes the subjective phase in the commission of four (4) months of reclusion temporal in its
the crime. The offender does not arrive at the medium period, as maximum. The appellants are
point of performing all of the acts of execution hereby ordered to pay in solidum to the victim
which should produce the crime. He is stopped Arnold Barcuma the amount of P25,000 as moral
short of that point by some cause apart from his damages and P10,000 as temperate or moderate
voluntary desistance. damages.

On the other hand, a crime is frustrated when the CONSUMMATED FELONY


offender has performed all the acts of execution ELEMENTS:
which should result in the consummation of the (1) All the acts of execution are present
crime. The offender has passed the subjective (2) The result is achieved.
phase in the commission of the crime.
Subjectively, the crime is complete. Nothing UNITED STATES v ADIAO | RPC ART. 6 | 400
interrupted the offender while passing through the SCRA 424 (2003)
subjective phase. He did all that is necessary to
consummate the crime. However, the crime is not Plaintiff-Appellee: THE UNITED STATES OF
consummated by reason of the intervention of AMERICA
causes independent of the will of the offender. In Accused-Appellant: TOMAS ADIAO
homicide cases, the offender is said to have
performed all the acts of execution if the wound Doctrine: Having materially taken possession of
inflicted on the victim is mortal and could cause the money from the moment he took it from the
the death of the victim barring medical place where it had been, and having taken it with
intervention or attendance. his hands with intent to appropriate the same, he
executed all the acts necessary to constitute the
Disposition: crime which was thereby produced; only the act
IN LIGHT OF ALL THE FOREGOING, the of making use of the thing having been frustrated,
Decision of the Regional Trial Court of San Carlos which, however, does not go to make the
City (Negros Occidental), Branch 57, in Criminal elements of the consummated crime.
Cases Nos. RTC-1217 up to RTC-1219 is
AFFIRMED with the following MODIFICATIONS: Facts:
Adiao, a customs inspector, abstracted a
1. In Criminal Case No. RTC-1217, the Court, leather belt valued at P0.80, from the
finding the appellants not guilty of the crime baggage of a Japanese named T.
charged for failure of the prosecution to prove
Murakami, and secreted the belt in his desk
their guilt beyond reasonable doubt, REVERSES
in the Custom House, where it was found
the judgment of the trial court and ACQUITS them
by other customs employees.
of the said charge.
The defendant was charged in the
Municipal Court of the city of Manila with the

32
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD
crime of theft. He was found guilty of the by a policeman, yet it did not appear that he
lesser crime of frustrated theft. He appealed was at that moment caught by the
to the Court of First Instance of the city of policeman but sometime later.
Manila and again he was found guilty of the o The court said: ". . . The trial court did not
crime of frustrated theft, and was sentenced erred in considering the crime as that of
to pay a fine of P100, with subsidiary consummated theft instead of frustrated
imprisonment in case of insolvency, and to theft in as much as nothing appears in the
pay the costs record showing that the policemen who
saw the accused take the fruit from the
Issue/s: Whether or not, the charge on Tomas adjoining land arrested him in the act and
Adiao of the lesser crime of frustrated theft be thus prevented him from taking full
elevated to consummated theft? possession of the thing stolen and even
its utilization by him for an interval of time.
Provision/s: (Decision of the Supreme Court of Spain,
Article 6 of the Revised Penal Code - October 14, 1898.)
Consummated, frustrated, and attempted
felonies:
Disposition:
Consummated felonies as well as those which Judgment is reversed and the
are frustrated and attempted, are punishable. defendant/appellant is sentenced to three months
and one day of arresto mayor, with the costs of
A felony is consummated when all the elements all instances against him. The merchandise in
necessary for its execution and accomplishment question, attached to the record as Exhibit A,
are present; and it is frustrated when the offender shall be returned to the lawful owner, T.
performs all the acts of execution which would Murakami. So ordered.
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.

There is an attempt when the offender


commences the commission of a felony directly
or over acts, and does not perform all the acts of
execution which should produce the felony by
reason of some cause or accident other than this
own spontaneous desistance.

Held:
The Court is of the opinion that the crime
cannot properly be classified as frustrated,
as this word is defined in article 3 of the
Penal Code, but that since the offender
performed all of the acts of execution
necessary for the accomplishment crime of
theft. The fact that the defendant was under
observation during the entire transaction
and that he was unable to get the
merchandise out of the Custom House is
not decisive; all the elements of the
completed crime of theft are present. The
following decisions of the Supreme Court of
Spain are in point:
The defendant was charged with the theft of
some fruit from the land of another. As he
was in the act of taking the fruit he was seen

33
FIRST YEAR | GO3 | DLSU | CRIM1 ATTY. SANIDAD

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