Lawren

People of the Philippines versus Diño   Facts On June 20, 1946, Roberto Diño was hired as a driver of the US army at a station in Quezon City. At above 11:30 in the morning, he brought a truck load of articles to manila harbor; the article came from the US army. At the check point a guard approached the truck and found three boxes, containing ten caliber 30 army rifles. The guard brought Diño to the lieutenant of the US army for questioning, Diño pointed to the gang but later denied. Later Diño confessed that there were four persons who placed the boxes on board and he was instructed to bring them out of the area. While they were to meet after the truck passed the checkpoint.   Issue: whether or not the crime of theft was consummated considering the foregoing.   Ruling: Trial Court: Diño was found guilty as an accomplice in the consummated crime of theft. Supreme Court: Diño was found guilty as a principal in the frustrated crime of theft. Reason: in ...

 superseded by Kalalo. no injuires, attempted murder People vs. Borinaga   Facts: The victim Harry Mooney, an American who resided in Calubian Leyte, contracted with Juan Lawaan for the construction of a fish corral.   Lawaan attempted to collect the whole amount of the contract even though the corral is not yet finished. Upon Mooney‘s refusal to pay, Lawaan warned and threatened him that something would happen to him.   On that evening, Mooney was in the store of his neighbor, sitting with his back towards a window when suddenly Basilio Borinaga struck him with 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.   Issue: Whether or not the crime is frustrated murder.   Held :   YES. ...

  People v. Kalalo GR Nos. L-39303-39305 March 17, 2009   FACTS:                         On November 10, 1932, the appellants, namely, Felipe Kalalo, Marcelo Kalalo, Juan Kalalo and Gregorio Ramos, were tried in the Court of First Instance of Batangas, together with Alejandro Garcia, Fausta Abrenica and Alipia Abrenica in criminal cases Nos. 6858, 6859 and 6860, the first two for murder, and the last for frustrated murder. Upon agreement of the parties said three cases were tried together and after the presentation of their respective evidence, the said court acquitted Alejandro Garcia, Fausta Abrenica and Alipia Abrenica, and sentenced the other appellants.                           Prior to the commission of the three crimes, the appe...

  EN BANC [G.R. No. 6739. October 16, 1911.] THE UNITED STATES,  Plaintiff-Appellee , v. LUIS BIEN,  Defendant-Appellant . Ramon Mañalac, for  Appellant . Attorney-General Villamor, for  Appellee . SYLLABUS 1. ATTEMPTED HOMICIDE. — The act of throwing into the sea a person who does not know how to swim, is an attempted crime, at least that of homicide, inasmuch as the perpetrator commenced the commission of the crime directly by overt acts, and if he did not consummate it by drowning his intended victim, it was due to the opportune intervention of two witnesses who responded to the cries for help and prevented the assailant from loosening the victim’s hold upon the gunwale of the boat and kept him from sinking. D E C I S I O N TORRES,  J. : This is an appeal by the defendant from a judgment of conviction by the Hon. Judge P. M. Moir. Between 8 and 9 o’clock on the morning of the 3d of May, 1910, the Chinaman, Go Sui Chiang, a resident of the pueblo of Bacac...

G.R. No. L-12155            February 2, 1917 THE UNITED STATES,  plaintiff-appellee, vs. PROTASIO EDUAVE,  defendant-appellant. There  was an intent to kill in this case. A deadly weapon was used. The blow was directed toward a vital part of the body. The aggressor stated his purpose to kill, thought he had killed, and threw the body into the bushes. When he gave himself up he declared that he had killed the complainant. There was  alevosia  to qualify the crime as murder if death had resulted. The accused rushed upon the girl suddenly and struck her from behind, in part at least, with a sharp bolo, producing a frightful gash in the lumbar region and slightly to the side eight and one-half inches long and two inches deep, severing all of the muscles and tissues of that part. The crime cannot be attempted murder. This is clear from the fact that the defendant performed  all  of the acts which should have resulted in the con...

People v. Orita G.R. No. 88724    April 3, 1990 Lessons Applicable: No frustrated rape Laws Applicable: Art. 6 Article 6.   Consummated, frustrated, and attempted felonies.  - Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and 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 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. FACTS: •    March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman student at the St. Joseph's Co...

  Araneta, Jr. vs. Court of Appeals, G.R. No. 43527, July 3, 1990, 187 SCRA 123, 126, 133-134 Should an accused who admittedly shot the victim but is shown to have inflicted only a slight wound be held accountable for the death of the victim due to a fatal wound caused by his co-accused? This is the focal issue addressed to this Court in this case. In an Information filed before the Circuit Criminal Court of Manila, 6th Judicial District on May 14, 1973, Eliseo Araneta, Jr. y Macute, herein petitioner, Benjamin Bautista y Mendoza, also a petitioner, Eden Ng y Dumantay and Joselito "Boy" Santiago were charged with murder for the death of one Manuel Esteban, Jr. due to multiple gun shot wounds on March 23, 1972. WHEREFORE, judgment is hereby rendered as follows: 1) Finding accused Eliseo Araneta, Jr. y Macute and Benjamin Bautista y Mendoza guilty beyond reasonable doubt as principals of the crime of homicide and there being proved the mitigating circumstance of volunt...

The desistance may be through fear or remorse. (People vs. Pambaya, See 60 Phil. 1022) It is not necessary that it be actuated by a good motive. The Code requires only that the discontinuance of the crime comes from the person who has begun it, and that he stops of his own free will. (Albert)

  G.R. No. L-21860 February 28, 1974 PEOPLE OF THE PHILIPPINES,  plaintiff-appellee, vs. VIOLETO VILLACORTE,  alias  BONGING, et al., defendants. CRISANTO INOFERIO Y ALINDAO  alias  SANTE, and MARCIANO YUSAY  alias  MANCING (appeal withdrawn res. of 7/10/67),  defendants-appellants. The charge in this case was for robbery with homicide and the penalty imposed upon the appellant Crisanto Inoferio and his co-accused Violeto Villacorte and Marciano Yusay was  reclusion perpetua  and the payment of indemnity to the heirs of the deceased Benito Ching in the sum of P6,000.00. This case is now before this Court only on the appeal of Inoferio, because although the lower court convicted him and his co-accused Villacorte and Yusay (Alfredo Handig, a fourth accused was acquitted), Villacorte did not appeal, while the appeal of Yusay was withdrawn upon his motion which was granted by this Court on July 10, 1967. Only Modesto Galvez (wit...

  PEOPLE OF THE PHILIPPINES vs. FREDIE LIZADA (G.R. No. 143468-71. January 24, 2003) Ponente:  Justice Romeo Callejo, Sr.   Doctrine: The spontaneous desistance of a malefactor exempts him from criminal liability for the intended crime but it does not exempt him from the crime committed by him before his desistance.   This is an automatic review of the Decision  of the Regional Trial Court of Manila, Branch 54, finding accused-appellant Freedie Lizada guilty beyond reasonable doubt of four (4) counts of qualified rape and meting on him the death penalty for each count as provided for in the seventh paragraph, no. 1, Article 335 of the Revised Penal Code. sometime in August 1998,  on or about November 5, 1998,  on or about October 22, 1998, on or about September 15, 1998, ISSUE: THE TRIAL COURT GRAVELY ERRED IN NOT MAKING A FINDING OF FACT IN ITS DECISION AND SUCH FAILURE IS A REVERSIBLE ERROR. THE TRIAL COURT GRAVELY ERRED IN ...

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, the...

There are felonies where, because of their nature or the manner of committing them, the overt acts are not performed with bodily movement or by physical activity. Thus, a proposal consisting in making an offer of money to a public officer for the purpose of corrupting him is the overt act in the crime of corruption of public officer. (U.S. vs. Gloria, 4 Phil. 341) [G.R. No. 1740. March 27, 1905. ] THE UNITED STATES,  Plaintiff-Appellee , v. JULIO GLORIA,  Defendant-Appellant . Olbes & Artacho, for  Appellant . Solicitor-General Araneta, for  Appellee . SYLLABUS 1. CRIMINAL LAW; ATTEMPT. — An offer of a bribe where such offer is declined is an "attempt" to commit the crime of bribery under the provisions of article 3 of the Penal Code. D E C I S I O N CARSON,  J.  : Julio Gloria, the defendant in this case, was charged in the Court of First Instance of Pangasinan with an "attempt" to commit the crime of bribery. It appears that the said Gloria was an un...

  3 Phil. 688 MCDONOUGH, J.: The defendant, Flaviano Simeon, was charged with having, on or about April 10, 1903, in the city of Manila, feloniously attempted to assassinate one Bali Kan with a dangerous and deadly weapon, to wit, a bolo; and that he was frustrated in the execution of his purpose by being overpowered by third parties. He was placed upon trial April 28, 1903; was found guilty, and was sentenced to imprisonment for a term of four years and two months . The proof in this case, briefly stated, shows that Bali Kan was night watchman at the railroad station in Manila; that his dwelling place was very near that station; that the defendant was seen on several occasions walking near that place with a working bolo in his hand and had been requested by Bali Kan to go away but refused to do so, whereupon Bali Kan pushed the defendant. On the morning in question, while Bali Kan was walking from the station toward his house, he encountered the defendant who, while about tw...

While Tabago was talking with the Chief of Police, he made a motion to draw his pistol, but the latter embraced him and prevented him from drawing his pistol. Tabago then told his two companions to fire at the Chief of Police , but they could not do so, because the Chief of Police was embracing Tabago. One of his companions, Avelino Valle, fired a shot but the same was not aimed at anybody.  Held: The accused cannot be convicted of the crime of attempted homicide. The action of the accused in placing his hand on his revolver, which was then on his waist, is indeed very equivocal and susceptible of different interpretations. For example, it cannot be definitely concluded that the attempt of the accused to draw out his revolver would have, if allowed to develop or be carried to its complete termination following its natural course, logically and necessarily ripened into a concrete offense, because it is entirely possible that at any time during the subjective stage of the felony, the...