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SUPREME COURT REPORTS ANNOTATED VOLUME 335 9/6/20, 5:06 PM
disregard for the facts important to the case have been overlooked.‰
Same; Relatives of the victim have a natural knack for
remembering the faces of the attackers and they, more than anybody
else, would be concerned with obtaining justice for the victim by the
felons being brought to the face of the law.·That Marlon was able to
recognize the assailants can hardly be doubted because relatives of
the
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* FIRST DIVISION.
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crete proof as to how and when the plan to kill was hatched or what
time had elapsed before it was carried out.
Same; Alibi; Alibi is generally considered with suspicion and
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the acts of execution which should produce the felony; and 3.] his
failure to perform all the acts of execution was due to some cause or
accident other than his spontaneous desistance.
Same; Same; Same; The essential element which distinguishes
attempted from frustrated felony is that, in the latter, there is no
intervention of a foreign or extraneous cause or agency between the
beginning of the commission of the crime and the moment when all
the acts have been performed which should result in the
consummated crime.·The distinction between an attempted and
frustrated felony was lucidly differentiated thus in the leading case
of U.S. v. Eduave: A crime cannot be held to be attempted unless
the offender, after beginning the commission of the crime by overt
acts, is prevented, against his will, by some outside cause from
performing all of the acts which should produce the crime. In other
words, to be an attempted crime the purpose of the offender must be
thwarted by a foreign force or agency which intervenes and compels
him to stop prior to the moment when he has performed all of the
acts which should produce the crime as a consequence, which acts it
is his intention to perform. If he has performed all the acts which
should result in the consummation of the crime and voluntarily
desists from proceeding further, it cannot be an attempt. The
essential element which distinguishes attempted from frustrated
felony is that, in the latter, there is no intervention of a foreign or
extraneous cause or agency between the beginning of the
commission of crime and the moment when all the acts have been
performed which should result in the consummated crime; while in
the former there is such intervention and the offender does not
arrive at the point of performing all of the acts which should
produce the crime. He is stopped short of that point by some cause
apart from his voluntary desistance. To put it another way, 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 outside causes before the subjective phase is passed.
On the other hand, in case of frustrated crimes, the subjective
phase is completely passed. Subjectively the crime is complete.
Nothing interrupted the offender while he was passing through the
subjective phase. The crime, however, is not consummated by
reason of the intervention of causes independent of the will of the
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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 his control.
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YNARES-SANTIAGO, J.:
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death of the said victim thus performing all the acts of execution
which should have produce[d] the crime of Homicide as a
consequence but nevertheless did not produce it by reason of causes
independent of their will, that is by timely and able medical
attendance rendered to said Marlon Araque y Daniel which
prevented his death.
CONTRARY TO LAW.
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1 Rollo, p. 13.
2 Ibid., p. 14.
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II
8 9
Bancaya blocked their path 10
and attacked them with lead
pipes and bladed weapons.
Agapito Listerio, Marlon dela Torre and George dela
Torre, who were armed with 11
bladed weapons, stabbed
Jeonito Araque from behind. Jeonito sustained three (3)
stab wounds on the upper right portion of his back, another
on the lower right portion and the12 third on the middle
portion
13
of the left side of his back causing him to fall
down. Marlon Araque was hit on the head by Samson dela
Torre and Bonifacio Bancaya14 with lead pipes and
momentarily lost consciousness. When he regained his
senses three (3) minutes later, he saw
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15 Id., p. 10
16 Id., pp. 7, 10.
17 Id., p. 10.
18 Id., pp. 10-12; Exhibit A.
19 TSN, 22 July 1992, pp. 6, 11.
20 Ibid., pp. 7-8; Exhibit I and series.
21 Id., pp. 8-9.
22 Id., p. 9.
23 Id., pp. 9, 18.
24 Id., pp. 8-9, 19-20.
25 Id., pp. 21-23.
26 TSN, 13 June 1994, p. 6.
27 Ibid., p. 6; Exhibit H and series.
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and Bonifacio.
Q Will you please inform the Honorable Court how will
(sic) you waylaid by these persons?
A We were walking then suddenly they stabbed us with
knife (sic) and ran afterwards.
Q Who were the persons that waylaid you?
A Agapito Listerio, George and Marion.
Q How about your brother, what happened to him?
A He fall (sic) down.
Q And after he fall (sic) down, do you know what
happened?
A I was hit by a lead pipe thatÊs why I painted (sic).
Q Do you know the reason why your brother fall (sic)
down?
A I cannot recall, sir. Because I already painted (sic).
Q Do you know the reason why your brother fall (sic)
before you painted (sic)?
A Yes, sir.
Q Will you please inform the Honorable Court why your
brother fall (sic) down?
xxx xxx xxx
A Yes, sir, because he was stabbed.
Q What particular place of his body was [he] stabbed if
you know?
A At the back of his body.
Q Do you know the person or persons who was (sic)
stabbed him?
A Yes, sir.
Q Will you please inform the Honorable Court who was
that persons was stabbed him?
A Agapito, Marlon and George.
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COURT
How many stabbed [him], if you know?
A Three (3), sir.
COURT
In what particular part of his body was stabbed wound
(sic)?
A Witness pointing to his back upper right portion of the
back, another on the lower right portion and another on
the middle portion of the left side at the back.
COURT
Proceed.
Q Will you please inform the Honorable Court why you
are (sic) lost consciousness?
A I was hit by [a] lead pipe by Samson and Bonifacio.
Q And when did you regain consciousness?
A After three minutes.
Q And when you gain[ed] consciousness, what happened
to your brother?
A He was already dead.
Q How about you, what did you do?
A I go (sic) to the Hospital.
Q How about the accused, the persons who way laid, what
happened to them?
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A From what I know, they ran away.
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A No, sir.
Q And you stand to your testimony that you never drink
(sic) on August 14, 1991?
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A Yes, sir.
Q Were (sic) there no occasion on August 14, 1991 when
you visited Sonny Sari-Sari Store at 4:00 p.m. on
August 14, 1991?
A No, sir.
Q And did you not have a drinking spree with George dela
Torre?
A No, sir.
Q Marlon dela Torre?
A No, sir.
Q Bonifacio?
A With your borther (sic)?
Q So you want to tell this Honorable Court that there was
no point in time on August 14, 1991 at 4:00 p.m. that
you did not take a sip of wine?
A No, sir.
Q Neither your brother?
Atty. Agoot
Objection, Your Honor, the question is vague.
COURT
Ask another question.
Q Mr. Witness, will you please tell the Honorable Court
where this George dela Torre, Marlon dela Torre and a
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purpose, concert of action and community of interest.
Indeed·
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SUPREME COURT REPORTS ANNOTATED VOLUME 335 9/6/20, 5:06 PM
deduced from the mode and manner in which the offense was
51
perpetrated.
More explicitly·
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50 People v. Lotoc, G.R. No. 132166, 19 May 1999, 307 SCRA 471, citing
People v. Magallano, 266 SCRA 305 [1997].
51 People v. Heracleo Manriquez y Alia, et al., G.R. Nos. 122510-11, 17 March
2000, p. 12, 328 SCRA 385, citing People v. Silvestre, 244 SCRA 479 [1995];
People v. Hubilla, Jr., supra; People v. Pecho, 262 SCRA 518 [1996].
52 People v. Maranion, 199 SCRA 421 [1991].
53 People v. Trinidad, 162 SCRA 714 [1988].
54 People v. Datun, 272 SCRA 380 [1997].
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60 People v. Maldo, G.R. No. 131347, 19 May 1999, 307 SCRA 424,
citing People v. Magallano, supra; People v. Palomar, 278 SCRA 114
[1997]; People v. Dinglasan, 267 SCRA 26 [1997]; People v. Cabiles, Sr.,
268 SCRA 271 [1996].
61 TSN, 18 November 1991, p. 7.
62 TSN, 13 June 1994, pp. 7-9, 10-12; Exhibits H-1, H-2 and H-3.
63 TSN, 13 June 1994, p. 6.
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that time
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69 People v. Belaro, G.R. No. 99869, 26 May 1999, 307 SCRA 591,
citing People v. Zamora, 278 SCRA 60 [1997]; People v. Balderas, 276
SCRA 470 [1997]; People v. Patawaran, 274 SCRA 130 [1997]; People v.
Balmoria, 287 SCRA 687 [1998]; People v. Ravanes, 283 SCRA 634
[1998].
70 People v. Andres, 296 SCRA 318 [1998]; People v. Enriquez, 292
SCRA 656 [1998].
71 Rollo, p. 38.
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72 Aquino R.C. and Grino-Aquino C.C., Revised Penal Code, Vol. 1, 1997 ed.,
p. 109.
73 Ibid., p. 108.
74 Id., p. 98.
75 36 Phil. 209 [1917].
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An appeal in a 78
criminal case throws the whole case wide
open for review and the reviewing tribunal can correct 79
errors, though unassigned in the appealed judgement or
even reverse the trial courtÊs decision on the basis of 80
grounds other than those that the parties raised as errors.
With the foregoing in mind, we now address the question of
the proper penalties to be imposed.
With regard to the frustrated felony, Article 250 of the
Revised Penal Code provides that·
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SUPREME COURT REPORTS ANNOTATED VOLUME 335 9/6/20, 5:06 PM
The courts, in view of the facts of the case, may impose upon the
person guilty of the frustrated crime of parricide, murder or
homicide, defined and penalized in the preceding articles, a penalty
lower by one degree than that which should be imposed under the
81
provisions of article 50.
The courts, considering the facts of the case, may likewise reduce
by one degree the penalty which under article 51 should be imposed
for an attempt to commit any of such crimes.
82
The penalty for Homicide is reclusion temporal thus,83
the
penalty one degree lower would be prision mayor. With
the presence of the aggravating circumstance of abuse of
superior strength and no mitigating circumstances,
84
the
penalty is to be imposed in its maximum period. Prision
mayor in its maximum period ranges from ten (10) years
and one (1) day to twelve (12) years. Applying further the
Indeterminate Sen-
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2000, p. 13, 326 SCRA 753, citing People v. Guillermo, 302 SCRA 257
[1999] and People v. Noay, 296 SCRA 292 [1998]; See also People v.
Verde, 302 SCRA 690 [1999].
98 People v. Rogelio Galam, G.R. No. 114740, 15 February 2000, p. 13,
325 SCRA 489; People v. Carlie Alagon, et al., supra.
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