People vs Lamahang G.R. No. L-43530 August 3, 1935

The defendant Aurelio Lamahang is before this court on appeal from a decision of the Court of First Instance of Iloilo, finding him guilty of attempted robbery and sentencing him to suffer two years and four months of prision correccional and to an additional penalty of ten years and one day of prision mayor for being an habitual delinquent, with the accessory penalties of the law, and to pay the costs of the proceeding.

The external acts must have a direct connection with the crime intended to be committed by the offender. At an early dawn, Lamahang was surprised by a policeman while 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 was sleeping inside with another Chinaman. Lamahang had only succeeded in breaking one board and in unfastening another from the wall.

Is there an attempted robbery in this case?

No, because while it is true that the 1st requisite is present, that is, there were external acts of breaking one board and unfastening another from the wall of the store to make an opening through which Lamahang could enter the store, yet the 2nd requisite is not present, for such acts had no direct connection with the crime of robbery by the use of force upon things. In case of robbery by the use of force upon things, in order that the simple act of entering by means of force another person's dwelling may be considered an attempt to commit this offense, it must be shown that the offender clearly intended to take possession, for the purpose of gain, of some personal property belonging to another. The crime committed was attempted trespass to dwelling, because the intention of the accused was obviously disclosed by his act of making an opening through the wall, and that was to enter the store against the will of its owner who was then living there. (People vs. Lamahang, 61 Phil. 703) It is only an attempt, because Lamahang was not able to perform all the acts of execution which should produce the felony of trespass to dwelling. Had Lamahang commenced entering the dwelling through the opening, he would have performed all the acts of execution.

Wherefore, the sentence appealed from is revoked and the accused is hereby held guilty of attempted trespass to dwelling, committed by means of force, with the aforesaid aggravating and mitigating circumstances and sentenced to three months and one day of arresto mayor, with the accessory penalties thereof and to pay the costs.

Acts susceptible of double interpretation, that is, in favor as well as against the accused, and which show an innocent as well as a punishable act, must not and cannot furnish grounds by themselves for attempted crime.