CRIMINAL LAW 1 ART 6 & 8 CASE DIGESTS

Table of Contents

Attempted Stage
RIVERA vs. PEOPLE ........................................................................... 1
BALEROS vs. PEOPLE ....................................................................... 2
Frustrated Felony
US vs. EDUAVE ................................................................................... 3
Stages of Execution in Relation to Specific Felonies
VALENZUELA vs PEOPLE ................................................................ 4
PEOPLE vs. LAMAHANG .................................................................. 5
PEOPLE vs. BORINAGA..................................................................... 6
PEOPLE vs. KALALO ......................................................................... 7
PEOPLE vs. TRINIDAD ...................................................................... 8
MONDRAGON vs. PEOPLE ............................................................... 9
PEOPLE vs. PIO ................................................................................. 10
PEOPLE vs DIO.................................................................................. 11
PEOPLE vs SALVILLA ..................................................................... 12
PEOPLE vs. ORITA ........................................................................... 13
PEOPLE vs. CAMPUHAN ................................................................. 14
US vs. VALDES ................................................................................. 15
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Attempted Stage 3. Whether or not the aggravating circumstance of treachery was
Treachery; intent to kill; properly applied.

RIVERA vs. PEOPLE RULING:

G.R. No. 166326. January 25, 2006. 1. Yes. The Court held that the prosecution presented the requisite
Callejo, Sr., J: quantum of evidence to prove the intent to kill of the petitioners.
One, that the means or weapons used by the Rivera brothers is a
FACTS: piece of hollow block; and as to nature, location and number of
As victim Ruben Rodil went to a nearby store to buy food, Edgardo Rivera wounds, the accused inflicted injuries on the head of Ruben three
mocked him for being jobless and dependent on his wife for support. times.
Ruben resented the rebuke and thereafter, a heated exchange of words
ensued. In the following day, when Rodil and his three year old daughter 2. No. The Court of Appeals was correct in modifying the ruling of
went to the store to buy food, Edgardo together with his brothers the RTC. In the case at bar, petitioners, who acted in concert,
Esmeraldo and Ismael Rivera emerged from their house and ganged up on commenced the felony of murder by mauling the victim and hitting
him. Esmeraldo and Ismael mauled Rudil with fist blows. As Rudil fell to him three times with a hollow block; however, they narrowly
the ground, Edgardo hit him three times with a hollow block on the parietal missed hitting the middle portion of his head. If Edgardo had done
area. As policemen came, and the Rivera brothers fled. Upon examination, so, Ruben would surely have died. Hence, accused-petitioners
the doctor declared that the wounds were slight and superficial, though the weren’t able to perform all the acts of execution which should
victim could have been killed had there been no intervention from the produce the felony by reason of some cause or accident other than
police. his own spontaneous desistance.

The Regional Trial Court of Imus, Cavite rendered judgment finding all 3. Yes. The essence of treachery is the sudden and unexpected attack,
the accused guilty beyond reasonable doubt of frustrated murder. which gives no opportunity for the victim to repel it or defend
himself. In the present case, Petitioners attacked the victim in a
The Court of Appeals, on the other hand, modified the decision of the RTC sudden and unexpected manner as Ruben was walking with his
and rendered the accused-petitioners guilty of attempted murder. three-year-old daughter, impervious of the imminent peril to his
life. He had no chance to defend himself and retaliate Thus, there
The accused herein alleges that the CA and the RTC erred in their rulings. was treachery.
They insist that the prosecution failed to prove that they had the intention
to kill the victim. Moreover, they aver that since the victim only sustained IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack
superficial wound, they should be held criminally liable for physical of merit. The Decision of the Court of Appeals is AFFIRMED WITH THE
injuries only. MODIFICATION that petitioners are sentenced to suffer an indeterminate
penalty of from two (2) years of prision correccional in its minimum
ISSUES: period, as minimum, to nine (9) years and four (4) months of prision mayor
1. Whether or not there was intent to kill. in its medium period, as maximum. No costs.
2. Whether or not the Court of Appeals erred in modifying the crime
from frustrated to attempted murder.

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Attempted Stage RULING:
Light coercion; No. The Court held that the petitioner is not guilty of frustrated rape but
only of light coercion.
BALEROS vs. PEOPLE
G.R. No. 138033. February 22, 2006. Article 335 in relation to Article 6 of the Revised Penal Code states the
Garcia, J: circumstances that shows overt acts of a perpetrator in committing the
crime of rape. Moreover, the Court has ruled in Perez v. CA that in order
FACTS: for a crime of rape to have been committed in an attempted stage, the
Herein petitioner Renato “CHITO” Baleros, Jr. seeks for the reversal of accused must have commenced the act of penetrating the woman’s vagina
the decision of the Court of Appeals affirming his conviction of attempted with his sex organ but was not able to completely do so due to some reason
rape before the Manila Regional Trial Court in 1991. or accident other than his own spontaneous desistance. In the case at bar,
Chito was fully clothed and that there was no attempt on his part to undress
The petitioner was a medical student in UST at the time when he was Malou, let alone touch her private part
accused of attempting to rape Malou Albano, also a medical student in
UST. That on December 13, 1991 Albano was awakened by a smell of While the series of acts committed by the petitioner do not determine
chemical on a piece of cloth pressed on her face while she was resting in attempted rape, they constitute unjust vexation punishable as light
her unit at the Celestial Marie Building. She struggled to break free but his coercion under the second paragraph of Article 287 of the Revised Penal
attacker pinned her down, held her tightly and laid on top of her. The Code. As it were, unjust vexation exists even without the element of
victim was able to escape such perpetrator when she had the chance to restraint or compulsion for the reason that this term is broad enough to
hold its sex organ, squeezed it and thereafter ran away and sought help include any human conduct which, although not productive of some
from its classmates who stays at room 310 of the same floor and building. physical or material harm, would unjustly annoy or irritate an innocent
person. That Malou, after the incident in question, cried while relating to
Due to panic and the immediacy of her instinct to call for help, the only her classmates what she perceived to be a sexual attack and the fact that
identification Albano was able to recall from the perpetrator was that it she filed a case for attempted rape proved that she was disturbed, if not
was wearing a white cotton shirt and a dark short with a smooth texture distressed.
similar to that of satin. The following day, a white shirt and an Adidas
short with a handkerchief – all garments covered with blue stain, which WHEREFORE, the assailed Decision of the Court of Appeals affirming
was later on examined and proved to be positive of the volatile poison that of the Regional Trial Court of Manila, is hereby REVERSED and SET
chloroform, – were retrieved from the bag owned by herein petitioner. ASIDE and a new one entered ACQUITTING petitioner Renato D.
Baleros, Jr. of the charge for attempted rape. Petitioner, however, is
The security guard of the building, as well as the friends of Albano attested adjudged GUILTY of light coercion and is accordingly sentenced to 30
for the prosecution. days of arresto menor and to pay a fine of P200.00, with the accessory
penalties thereof and to pay the costs.
ISSUE:
Whether or not the crime committed was frustrated rape.

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Frustrated Felony outside causes before the subjective phase is passed. On the other hand, in
Subjective and objective phase; attempted vs frustrated; case of frustrated crimes the subjective phase is completely passed.
Subjectively the crime is complete. Nothing interrupted the offender while
US vs. EDUAVE he was passing through the subjective phase. The crime, however, is not
G.R. No. 12155. February 2, 1917. consummated by reason of the intervention of causes independent of the
Moreland, J: will of the offender. He did all that was necessary to commit the crime. If
the crime did not result as a consequence it was due to something beyond
FACTS: his control.
Defendant Protasio Eduave is the querido of the victim’s mother. Eduave
attacked the victim from behind using a bolo creating a deep gash in the Subjective & objective phase, def.
lumbar region. Defendant’s motive in committing the crime is that the The subjective phase is that portion of the acts constituting the crime
victim accused him of rape causing her pregnancy. included between the act which begins the commission of the crime and
the last act performed by the offender which, with the prior acts, should
The aggressor stated his purpose to kill, thought he had killed, and threw result in the consummated crime. From that time forward the phase is
the body into the bushes. When he gave himself up he declared that he had objective.
killed the complainant.

ISSUE:
Whether or not the crime committed was frustrated murder.

RULING:
Yes. The court ruled that there was intent to kill in the case at bar; that a
deadly weapon was used; and that the blow was directed toward a vital
part of the body (which shows treachery qualifying it as murder). The
crime was not consummated because the elements of the crime’s
execution and accomplishment were not complete as the victim did not
die. Neither was the crime an attempted one because the accused’s actions
had already passed the subjective phase, that is, there was no external force
preventing defendant from performing all the acts of execution necessary
to commit the felony. Consequently, the victim did not die because an
external element has prevented such death after Eduave has performed all
the necessary acts of execution that would have caused the death of the
victim.

NOTE: Attempted vs Frustrated Murder

In case of an attempt, the offender never passes the subjective phase of the
offense. He is interrupted and compelled to desist by the intervention of

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convicted of frustrated theft since at the time he was apprehended, he was
never placed in a position to freely dispose of the articles stolen.
Stages of Execution in Relation to Specific Felonies
Theft; The CA affirmed the decision of the RTC. Valenzuela filed Petition for
Review.
VALENZUELA vs PEOPLE
G.R. No. 160188. June 21, 2007. ISSUE:
Tinga, J: Whether or not the crime committed is frustrated theft.
FACTS:
Petitioner Aristotel Valenzuela and Calderon were charged in an RULING:
information with the crime of theft. The two were sighted outside the No. The Court held that accused is guilty of theft. Theft is already
Super Sale Club (a supermarket within SM North EDSA) by security “produced” upon the “taking of personal property of another without
guard Lago. Valenzuela, wearing a Receiving Dispatching Unit ID, was the latter’s consent.” There is no frustrated theft. It is the statutory
seen hauling a push cart with cases of Tide (twice) and unloading these definition that generally furnishes the elements of each crime under the
cases in an open parking space, where Calderon was waiting. Valenzuela Revised Penal Code, while the elements in turn unravel the particular
then called a cab and the two loaded the cartoons of Tide and boarded the requisite acts of execution and accompanying criminal intent. There is
vehicle. Lago tried to stop them by asking for a receipt, but the two reacted only one operative act of execution by the actor involved in theft ─ the
by fleeing on foot, prompting Lago to fire a warning shot. Valenzuela and taking of personal property of another. It is also clear from the
Calderon were apprehended and 4 cases of Tide Ultramatic, 1 case of Ultra provision that in order that such taking may be qualified as theft, there
25 grams and 3 cases of detergent were recovered. must further be present the descriptive circumstances that the taking was
with intent to gain; without force upon things or violence against or
Valenzuela and Calderon pleaded not guilty on arraignment and claimed intimidation of persons; and it was without the consent of the owner
to be innocent bystanders. According to Calderon, he went to the said of the property. As applied to the present case, the moment Valenzuela
supermarket with his neighbor Rosulada to withdraw from his ATM. Due obtained physical possession of the cases of detergent and loaded them in
to the long queue, they decided to buy snacks and went outside after the pushcart, such seizure motivated by intent to gain, completed without
hearing a gunshot. Suddenly, they were grabbed by a security guard. As need to inflict violence or intimidation against persons nor force upon
for Valenzuela, he and his cousin Gregorio were walking in the parking things, and accomplished without the consent of the SM Super Sales Club,
lot to ride a tricycle when they saw Lago fire a shot. People started running Valenzuela forfeited the extenuating benefit a conviction for only
and he was apprehended by Lago. During Valenzuela’s cross- attempted theft would have afforded him.
examination, he admitted that he had been employed as a “bundler” of
GMS Marketing, “assigned at the supermarket” though not at SM. Theft can only be attempted or consummated. The presumed inability of
the offenders to freely dispose of the stolen property does not negate the
The Regional Trial court found Valenzuela and Calderon guilty of fact that the owners have already been deprived of their right to possession
consummated theft. upon the completion of the taking. There is no language in Article 308 that
expressly or impliedly allows that the “free disposition of the items stolen”
Only Valenzuela filed a brief with Court of Appeals, causing the dismissal is in any way determinative of whether the crime of theft has been
of Calderon’s appeal. Valenzuela argued in CA that he should only be produced.

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Stages of Execution in Relation to Specific Felonies conclusion that his evident intention was to enter by means of force said
Illegal Trespass store against the will of its owner. That his final objective, once he
succeeded in entering the store, was to rob, to cause physical injury to the
PEOPLE vs. LAMAHANG inmates, or to commit any other offense, there is nothing in the record to
G.R. No. 43530. August 3, 1935. justify a concrete finding.
Recto, J.
Wherefore, the sentence appealed from is revoked and the accused is
FACTS: hereby held guilty of attempted trespass to dwelling, committed by means
The defendant Aurelio Lamahang is before the Court on appeal from the of force, with the aforesaid aggravating and mitigating circumstances and
decision of the Court of First Instance of Iloilo, finding him guilty of sentenced to three months and one day of arresto mayor, with the
attempted robbery. accessory penalties thereof and to pay the costs.

That on the dawn of March 2, 1935, defendant was caught by policeman

Jose Tomambing as the accused was in the act of making an opening with
an iron bar on the wall of a store of cheap goods. At that time the owner
of the store, Tan Yu, was sleeping inside with another Chinaman.

The accused had only succeeded in breaking one board and in unfastening
another from the wall, when the policeman showed up, who instantly
arrested him and placed him under custody.

The fact above stated was considered and declared unanimously by the
provincial fiscal of Iloilo, the trial judge and the Solicitor-General, as
constituting attempted robbery.

ISSUE:
Whether or not the crime committed was attempted robbery.

RULING:
No. The Court ruled that defendant is guilty of attempted trespass only. It
is necessary to prove that said beginning of execution, if carried to its
complete termination following its natural course, without being frustrated
by external obstacles nor by the voluntary desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense. In the case of
robbery, it must be shown that the offender clearly intended to take
possession, for the purpose of gain, of some personal property belonging
to another. In the instant case, it may only be inferred as a logical

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Stages of Execution in Relation to Specific Felonies Based on the foregoing considerations, the judgment appealed from will
Frustrated murder vs attempted murder be affirmed, with the costs of this instance against the appellant.

PEOPLE vs. BORINAGA NOTE: Dissenting Opinion, J. Villa-Real

G.R. No. 33463. December 18, 1930. Attempted murder only.
Malcolm, J.
The acts of execution performed by the accused did not produce the death
FACTS: of Mooney as a consequence not could they have produced it because the
The victim Harry Mooney, an American who resided in Calubian Leyte, blow did not reach his body; therefore, the culprit did not perform all the
contracted with one Juan Lawaan for the construction of a fish corral. acts of execution which should produce the felony. There was lacking the
Basilio Borinaga was associated with Lawaan in the construction of the infliction of the deadly wound upon a vital spot of the body of Mooney.
corral. On the morning of March 4, 1929, Lawaan attempted to collect the
whole amount of the contract even though the corral is not yet finished. What the back of the chair prevented was the wounding of Mooney, not
Upon Mooney’s refusal to pay, Lawaan warned and threatened him that his death. It is the preventing of death by causes independent of the will
something would happen to him. of the perpetrator, after all the acts of execution which should produce the
felony as a consequence had been performed, that constitutes a frustrated
On that evening, Mooney was in the store of his neighbor, sitting with his felony, according to the law, and not the preventing of the performances
back towards a window when suddenly Basilio Borinaga struck him with of all the acts of execution which constitute a felony, as in the present case.
a knife. The knife imbedded on the back of the seat though. Mooney fell
off from the impact but was not injured. Borinaga left the scene but after
ten minutes, he returned to have another attempt at Mooney but was
warded off by Mooney and his neighbor frightening him by turning a
flashlight on him. Before the commission of the act, accused had been
heard to tell a companion: “I will stab this Mooney, who is an American
brute.”

ISSUE:
Whether or not crime committed was frustrated murder

RULING:
Yes. The Court held that as an essential condition of a frustrated crime,
Borinaga performed all the acts of execution, attending the attack. There
was nothing left that he could do further to accomplish the work. The
cause resulting in the failure of the attack arose by reason of forces
independent of his will. Borinaga also voluntarily desisted from further
acts. The subjective phase of the criminal act was passed.

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revolver that Marcelino Panaligan carried, and fired four shots at Hilario
Stages of Execution in Relation to Specific Felonies Holgado who was then fleeing from the scene in order to save his own life.
Attempted Homicide
ISSUE:
PEOPLE vs. KALALO Whether or not the accused are guilty of murder and frustrated murder.
G.R. Nos. 39303-39305. March 17, 1934.
Diaz, J: RULING:
FACTS: No. The Court held that the accused are guilty of homicide and attempted
On November 10, 1932, the appellants, namely, Felipe Kalalo, Marcelo homicide. It is true that under article 248 of the Revised Penal Code, which
Kalalo, Juan Kalalo and Gregorio Ramos, were tried in the Court of First defines murder, the circumstance of “abuse of superior strength”, if proven
Instance of Batangas, together with Alejandro Garcia, Fausta Abrenica to have been presented, raises homicide to the category of murder; but it
and Alipia Abrenica in criminal cases Nos. 6858, 6859 and 6860 ,the first is also to be borne in mind that the deceased were also armed, one of them
two for murder, and the last for frustrated murder. Upon agreement of the with a bolo, and the other with a revolver. The risk was even for the
parties said threecases were tried together and after the presentation of contending parties and their strength was almost balanced because there is
their respective evidence, the said court acquitted Alejandro Garcia, no doubt but that, under circumstances similar to those of the present case,
Fausta Abrenica and Alipia Abrenica, and sentenced the other appellants. a revolver is as effective as, if not more than three bolos. For this reason,
Prior to the commission of the three crimes, the appellant Marcelo Kalalo this court is of the opinion that the acts established in cases Nos. 6858 and
and IsabelHolgado, the latter being the sister of one of the deceased, had 6859 (G.R. Nos. L-39303 and 39304,respectively), merely constitute two
a litigation over a parcel of landsituated in the barrio of Calumpang in the homicides.
municipality of San Luis, Batangas. Kalalo filed two complaints against
the said woman in the Court of First Instance of Batangas, alleging that As to the third case, the evidence shows that Marcelo Kalalo fired four
he, Kalalo cultivated the land in question during 1931 and 1932 but that, successive shots at Hilarion Holgado while the latter was fleeing from the
when harvest time came IsabelaHolgado reaped all that had been planted scene of the crime in order to be out of reach of the appellants and their
thereon. Both complaints were dismissed.On October 1, 1932, Isabela companions and save his own life. The fact that the said appellant, not
Holgado and her brother Arcadio Holgado, one of the deceased, ordered having contended himself with firing only once, fired said successive shots
the plowing of the disputed land and employed several laborers for that at Hilarion Holgado, added to the circumstance that immediately before
purpose. Marcelo Kalalo, upon learning about it, went to the place doing so he and his co-appellants had already killed Arcadio Holgado and
accompanied by his brothers and Felipa and Juan, his brother-in-law Marcelino Panaligan, cousin and brother-in-law, respectively, of the
Gregorio Ramos and by Alejandro Garcia. They were all armed with bolos former, shows that he was then bent on killing said Hilarion Holgado. He
and upon arriving at the place, they ordered the workers to stop. Having performed everything necessary on his pat to commit the crime that he
been informed of the cause of the suspension of the work, Marcelino determined to commit but he failed by reason of causes independent of his
Panaligan, one of the deceased, ordered the laborers to continue the work. will, either because of his poor aim or because his intended victim
At this point, Marcelo Kalalo approached Arcadio and the other appellants succeeded in dodging the shots, none of which found its mark. The acts
approached Marcelino Panaligan and they all simultaneously struck with thus committed by the said appellant Marcelo Kalalo constitute attempted
their bolos. Arcadio Holgado and Marcelino Panaligan died instantly from homicide.
the wounds received. After the two had fallen, Marcelo Kalalo took the

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Stages of Execution in Relation to Specific Felonies No. The Court held that the defendant is guilty not of frustrated murder
Murder and Attempted Murder but of attempted murder. Although the accused commenced the
commission of the felony directly by overt acts but was unable to perform
PEOPLE vs. TRINIDAD all the acts of execution which would have produced it by reason of causes
G.R. Nos. 79123-25. January 9, 1989. other than his spontaneous desistance, such as, that the jeep to which the
Melencio-Herrera, J: victim was clinging was in motion, and there was a spare tire which
shielded the other parts of his body. Moreover, the wound on his thigh was
FACTS: not fatal and the doctrinal rule is that where the wound inflicted on the
Accused Emeliano Trinidad is a member of Integrated National Police in victim is not sufficient to cause his death.
Nasipit. Victims are: deceased Lolito Soriano – a fish dealer from Davao
City; his helper, Marcial Laroa; and Soriano’s driver, Ricardo Tan. WHEREFORE, the guilt of the accused Emeliano Trinidad for the crimes
of Murder (on two counts) and Attempted Murder, having been proven
On January 191983, after dispatching fishes at Butuan, Soriano and Laroa beyond reasonable doubt, his conviction is hereby AFFIRMED.
went to Buenavista. Tan followed the morning of the following day. While
in Buenavista, accused asked for a ride to Bayugan, Agusan del Sur which
is on the way to Davao City. Tan drove the Ford Fierra with Soriano on
his right, Laroa and the accused. Meanwhile, in Butuan between El Rio
and Agfa Trinidad shot and killed Soriano and Laroa.

Tan got off the Fierra and hurriedly hid himself on the bush. After a while,
he hailed a Butuan-bound jeep where Trinidad was also a passenger. Tan
moved backward and ran around the jeep followed by Trinidad. When the
jeep started to drive away, Tan clung to its side. Trinidad fired two shots,
one of which hit Tan on his right thigh.

The Regional Court of Bayugan, Agusan del Sur found the accused guilty
of murder and frustrated murder.

Accused seeks petition contending that the Trial Court erred in giving full
faith and credit to Tan’s testimony who, Trinidad alleges, was an
unreliable witness.

ISSUE:
Whether or not the second crime committed was frustrated murder.

RULING:

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Stages of Execution in Relation to Specific Felonies giving him fist blows; the wounds inflicted on the offended party were of
Frustrated homicide or Less serious physical injuries; slight nature, indicating no homicidal urge on the part of the petitioner; the
petitioner retreated and went away when the offended party started hitting
MONDRAGON vs. PEOPLE him with a bolo, thereny indicatingthat if the petitioner had intended to
G.R. No. L-17666. June 30, 1966. kill the offended party he would have held his ground and kept on hitting
Zaldivar, J: the offended party with his bolo to kill him.

FACTS: The element of intent to kill not having been duly established, and
On July 11, 1954, complainant Serapio Nacionales was opening the dike considering that the injuries suffered by the offended party were not
of his rice field in Iloilo, when petitioner Isidro Mondragon told him, necessarily fatal and could have healed in less than 30 days, the Court held
“Don't you dare open the dike”. Nacionales told Mondragon that he that the offense that was committed by the petitioner is only that of less
needed to open the dike because he had to plant the next morning, but serious physical injuries.
Mondragon tried to hit him. When Nacionales dodged the blow,
Mondragon drew his bolo and hit Nacionales in several parts of his body. In view of the foregoing, the decision of the Court of Appeals appealed
Nacionales hacked Mondragon with his bolo in self-defense, after which, from should be, as it is hereby, modified in the sense that the petitioner is
Mondragon retreated. The next day, complainant was treated by the declared guilty of the offense of less serious physical injuries and he is
Municipal Health Officer with number of wounds. sentenced to suffer the penalty of three (3) months and fifteen (15) days
of arresto mayor, with costs.
The Court of First Instance of Iloilo found petitioner guilty of frustrated
homicide. Petitioner appealed to the Court of Appeals, but the latter court
affirmed the decision of the Court of First Instance, in toto. The CA

Petitioner raised the issue that the CA erred in finding him guilty of
attempted homicide and not less serious physical injuries; that the
petitioner does not have intent to kill the offended party and the same was
not proven by the CA.

ISSUE:
Whether or not the crime committed is attempted homicide.

RULING:
No. The Court held that petitioner is guilty of less serious physical injuries
only. The Court contends that the facts brought out in the decision of the
CA do not justify finding that the petitioner had the intention to kill the
offended party. On the contrary, there are facts brought out by the decision
appealed from which indicates that the petitioner had no intention to kill,
namely: the petitioner started the assault on the offended party by just

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Stages of Execution in Relation to Specific Felonies
Attempted murder Therefore, the judgment appealed from should be, as it is hereby,
modified, and the defendant-appellant is found guilty of the crime of
PEOPLE vs. PIO attempted murder, and the sentence imposed upon him reduced to an
G.R. No. L-5848. April 30, 1954. indeterminate penalty of from 4 years, 2 months, and 1 day of prisión
Labrador, J: correccional, to 10 years of prisión mayor. In all other respect, the
judgment is affirmed. With costs against the defendant-appellant.
FACTS:
Defendant Sy Pio shot three people in the morning of September 3, 1994.
The victims were: Tan Siong Kiap, Ong Pian and Jose Sy. Sy Pio entered
the store at Sta. Cruz Manila and started firing with a .45 caliber pistol.
First to be shot was Jose Sy and upon seeing defendant fire at Jose Sy, Tan
Siong Kiap asked “what is the idea?”. Thereupon, Sy Pio turned around
and fired at him as well. Tan Siong Kiap sustained a non-fatal wound in
his shoulder.

Defendant claims that he was not who shot the three victims, but it was
one by the name of Chua Tone, with whom he had previously connived to
kill the three victims.

The Court of First Instance of Manila refused to believe his testimony,

and, therefore, found him guilty of the frustrated murder.

On appeal, defendant claims that he should be found guilty only of less

serious physical injuries because of lack of intent to kill. Court dismissed
the contention as defendant previously admitted on having connived with
someone to kill the victims. Therefore, intent to kill was present.

ISSUE:
Whether or not the crime committed is frustrated murder.

RULING:
No. The Court held that the defendant is guilty of attempted murder only.
While the intent to kill is conclusively proved the wound inflicted was not
necessarily fatal. he did not perform all the acts of execution, actual and
subjective, in order that the purpose and intention that he had to kill his
victim might be carried out.

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Stages of Execution in Relation to Specific Felonies

Attempted Robbery

PEOPLE vs DIO
G.R. No. L-36461. June 29, 1984.
Abad Santos, J:
FACTS:
Deceased Crispulo Alega was with his girlfriend, Remedios. They went to
Pasay City Public Market. They were walking up the stairs when
Remedios saw Tobias twisting the neck of her boyfriend, while Dio, herein
respondent, was holding the victim’s hands. Tobias tried to divest Crispulo
of his Sekio wrist watch, but the vicitm resisted. Tobias then stabbed him
on the left side of his chest. He ran and fell down in front of Pasay
Commercial Bank, still in possession of his watch. Autopsy revealed that
he died because of the wound at the region below his left breast, which
penetrated his heart.

ISSUE:
Whether or not the crime of robbery is consummated.

RULING:
No. The Court agrees with the Solicitor General that the evidence adduced
show that the appellant and his companion were unsuccessful in their
criminal venture of divesting the victim of his wrist watch so as to
constitute the consummated crime of robbery. When the victim expired,
the 'Seiko' watch was still securely strapped to his wrist.

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Stages of Execution in Relation to Specific Felonies
Robbery
PEOPLE vs SALVILLA
G.R. No. 86163. April 26, 1990.
Melencio-Herrera, J:
FACTS:
The accused Bienvenido Salvilla together with his co-accused armed with
homemade guns and hand grenade robbed Rodita Habiero in the latter’s
office. In the office of Rodita; her two daughters Mary and Mimmie were
also inside. One of the accused asks Mary to get the paper bag which
contained money. All accused held victims as hostage when the police
and military authorities had surrounded the lumber yard. After the
negotiation fails to proceed, the police made their move in assaulting the
robbers thus Mary and Mimmie are injured as well the accused also got an
injury.

ISSUE:
Whether or not the crime of robbery was consummated

RULING:
Yes. From the moment the offender gained possession of the thing, even
if the culprit had no opportunity to dispose of the same, the unlawful
taking is complete.

RUBY MORENO
 CRIM 1 Art 6 & 8 Case Digests || Page 13 of 15
Stages of Execution in Relation to Specific Felonies The Regional Trial Court of Borongan, Eastern Samar ruled that the
Consummated rape accused is guilty of frustrated rape.

PEOPLE vs. ORITA The accused, not satisfied with the RTC’s decision, appealed to the Court
G.R. No. 88724. April 3, 1990. of Appeals. The CA ruled that the defendant is guilty of the crime of rape
Medialdea, J. and forwarded the case to the Supreme Court.

FACTS: ISSUE:
The victim was 19-year old Cristina Abayan and the accused was Ceilito Whether or not the crime of rape is consummated.
“Lito” Orita, Philippine Constabulary soldier.
RULING:
At around 1:30 am of March 20, 1983, after attending a party, the victim Yes. Rape was consummated. Perfect penetration is not essential. For the
came home to her boarding house. As she knocked at the door, accused consummation of rape, any penetration of the female organ by the male
suddenly held her and poked a knife at her neck. She pleaded for him to organ is sufficient to qualify as having carnal knowledge. In the crime of
let her go but instead of doing so, Orita dragged her upstairs with him rape, from the moment the offender has carnal knowledge of the victim,
while he had his left arm wrapped around her neck and his right hand he actually attains his purpose and from that moment, the essential
holding and poking the balisong at the victim. At the second floor, he elements of the offense have been accomplished.
commanded Christina to look for a room. Upon finding a room, Orita held
her against the wall while he undressed himself. He then ordered her to NOTE: There is no frustrated rape
undress. As she took off her shirt, he pulled off her bra, pants and panty, The Orita case allowed only attempted and consummated rape to remain.
and ordered her to lie on the floor. He then mounted her and, pointing the Taking into account the nature, elements and manner of execution of the
balisong at her neck, ordered he to hold his penis and insert it in her vagina. crime of rape and jurisprudence on the matter, it is hardly conceivable how
In this position, only a portion of his penis entered her, so he ordered the frustrated stage in rape can ever be committed. Any penetration, in
Abayan to go on top of him. With him lying on his back and Abayan whatever degree, is enough to raise rape to its consummated stage.
mounting him, still, he did not achieve full penetration and only part of his
penis was inserted in the vagina. At this instance, Abayan got the
opportunity to escape Orita because he had both his hands and the knife
on the floor. Abayan, still naked, was chased from room to room with
Orita climbing over the partitions. Abayan, frantic and scared, jumped out
of a window and darted for the municipal building and was finally found
by Donceras and other policemen. Due to darkness though, they failed to
apprehend Orita.

The physical examination findings were: hymen intact; no laceration fresh

and old; examining finger can barely enter and with difficulty; vaginal
cavity tight, no discharges noted.

RUBY MORENO
 CRIM 1 Art 6 & 8 Case Digests || Page 14 of 15
Stages of Execution in Relation to Specific Felonies No. The Court held that the accused is guilty only of attempted rape. All
Attempted rape the elements of attempted rape – and only attempted rape – are present in
the instant case.
PEOPLE vs. CAMPUHAN
G.R. No. 129433. March 30, 2000. Primo’s kneeling position rendered an unbridled observation impossible.
Bellosillo, J: That the accused has yet to attain an erection to be able to penetrate his
victim. The absent any showing of the slightest penetration of the female
FACTS: organ, there can be no consummated rape; at most, it can only be attempted
The victim was 4-year old Crysthel Pamintuan, daughter of Corazon and rape, if not acts of lasciviousness.
accused was Primo Campuhan, helper of Corazon’s brother.
The possibility of Primo’s penis having breached Crysthel’s vagina is
On April 25, 1996, as Corazon was busy preparing her children’s drinks, belied by the child’s own assertion that she resisted Primo's advances by
she heard one of her daughters cry “Ayo’ko, ayo’ko!” prompting her to putting her legs close together and that she did not feel any intense pain
rush upstairs where her children were. Thereupon, she saw Campuhan but just felt “not happy” about what Primo did to her. Thus, she only
inside her children’s room kneeling before Crysthel whose pajamas and shouted “Ayo'ko, ayo’ko!” not “Aray ko, aray ko!”. Furthermore, there
panty were already removed, while the accused shorts were down to his was no medical basis to hold that there was sexual contact between the
knees. accused and the victim.

According to Corazon, the accused was forcing his penis into the victim’s It is necessary to carefully establish a proof that the penis, in reality,
vagina. However, physical examination of the victim yielded negative entered the labial threshold of the demale organ to accurately conclude
results. No evident sign of extra-genital physical injury was noted by the that the rape was consummated.
medico-legal officer on Crysthel's body.
WHEREFORE, the Decision of the court a quo finding accused PRIMO
Campuhan , in his defense, contends that Crysthel was in a playing mood “SONNY” CAMPUHAN Y BELLO guilty of statutory rape and
and wanted to ride on his back when she suddenly pulled him down sentencing him to death and to pay damages is MODIFIED. He is instead
causing both of them to fall down on the floor. found guilty of ATTEMPTED RAPE and sentenced to an indeterminate
prison term of eight (8) years four (4) months and ten (10) days of prision
The Regional Trial Court, relying heavily on the testimony of Corazon and mayor medium as minimum, to fourteen (14) years ten (10) months and
considering the tender age of the victim, found him guilty of statutory rape twenty (20) days of reclusion temporal medium as maximum. Costs de
and sentenced him to the extreme penalty of death. Thus, the case at bar is oficio.
subject to automatic review of the Court.
NOTE: Attempted Rape, defined.
ISSUE: According to Article 6 of the RPC, in relation to Article 355, the rape is
Whether or not the crime of rape is consummated. attempted when the offender commences the commission of rape directly
by overt acts, and does not perform all the acts of execution which should
RULING: produce the crime of rape by reason of some cause or accident other than
his own spontaneous desistance.

RUBY MORENO
 CRIM 1 Art 6 & 8 Case Digests || Page 15 of 15
Stages of Execution in Relation to Specific Felonies RULING:
Arson No. The Court held that the accused is guilty only of frustrated arson. The
crime is classified only as frustrated arson, inasmuch as the defendant
US vs. VALDES performed all the acts conducive to the burning of said house, but
G.R. No. 14128. December 10, 1918. nevertheless, owing to causes independent of his will, the criminal act
Torres, J. which he intended was not produced. The offense committed cannot be
classified as consummated arson by the burning of said inhabited house,
FACTS: for the reason that no part of the building had yet commenced to burn,
Between 8 and 9 o'clock in the morning of April 28th of this year, when although, as the piece of sack and the rag, soaked in kerosene oil, had been
M. D. Lewin was absent from the house in which he was living with his placed near the partition of the entresol, the partition might have started to
family, a neighbor noticed smoke coming from the ground floor of Mrs. burn, had the fire not been put out on time.
Lewin’s house. The neighbor called the attention of Mrs. Lewin and Mrs.
Lewin instructed her servant to look for the fire. Found burning was a For the foregoing reasons, the judgment appealed from should be
piece of jute sack and rag soaked with kerosene oil and placed between a affirmed, with the modification, however, that the penalty imposed upon
post of the house and a partition of the entresol. At that moment, the the defendant shall be eight years and one day of presidio mayor, with the
defendant Severino Valdes was in the entresol, engaged in his work of accessory penalties prescribed in Article 57 of the Code. The defendant
cleaning, while the other defendant Hugo Labarro was cleaning the horses shall also pay the costs of both instances. So ordered.
kept at the place.

The police arrested Valdes and Labarro. Upon his arrest, Valdes admitted
to that it was he who had set the fire to the sack and the rag and other fires
which had occurred in said house on previous days; that he had performed
such acts through the inducement of the other prisoner, Hugo Labarro, for
they felt resentment against, or had trouble with, their masters, and that,
as he and his co-accused were friends, he had acted as he did under the
promise on Labarro’s part to give him a peso for each such fire that he
should start.

The Court of First Instance ruled Valdes guilty of arson and for lack of
evidence and on his counsel's petition, the case was dismissed with respect
to the other defendant Hugo Labarro.

ISSUE:
Whether or not crime committed is arson.

RUBY MORENO