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US v.

G.R. No. 9991, 19 December 1914
Moreland, J.
This is an appeal from a judgment of the Court of First Instance of Laugna convicting
the accused of the crime of frustrated murder and sentencing each one of them to
eight years and one day ofprision mayor, with the accessories provided by law, to
pay, jointly and severally, to the ofended party the sum of P!!, and to pay the
costs of the trial"
#bout $ o%cloc& of the afternoon of the following day 'riones, riding a carabao, went
to visit a piece of land belonging to him in (aabu" )uring the journey he had to
cross a dry run which, in the wet season, emptied its waters into the Patay*na*tubig
+iver" 'riones had crossed this run and was in the act of ascending the opposite
ban& when suddenly the three accused, +oman (aghirang, Francisco ,utierre-, and
)amaso +ivera, leaped from the bushes in which they were hidden" ,utierre- sei-ed
the carabao while +ivera struc& 'riones on the left arm with a club" The force of the
blow &noc&ed 'riones to the ground" .hile down, (aghirang approached him with a
bolo and, in spite of the remonstrances and prayers of 'riones, struc& him two
blows, one on the shoulder and the other across the lips" The accused then
withdrew" The blows were heavy ones and rendered the victim senseless" #fter
returning to consciousness he was able, with great di/culty, to reach his house"
The trial court found that the crime committed was frustrated murder, with the
aggravating circumstance of premeditation"
There e0ist, it is true, certain circumstances which appear to sustain this conclusion
of the court1 The use of bolos, which in themselves are deadly weapons2 the words
3we are going to &ill you3 which (aghirang used to 'riones when the attac& was
made, and which were followed immediately by the blow across the face2 the
ambush and the une0pected and sudden assault, all appear to sustain the
contention that there was an intention to &ill, induced as the trial court said, by the
insult which they supposed had been ofered them the night before"
The accused*appellants contended that they should only be convicted of lesions
graves 4serious physical injuries and not frustrated murder"
.hether or not the accused*appellants should be convicted of lesions graves"
#es. #lthough the information was for frustrated murder and that was the crime
found by the trial court to have been committed, the facts demonstrate that the
accused are guilty simply of lesiones graves for the reason that the accusation did
not prove on the trial that the intention or the purpose was to &ill, for, although one
of the accused was armed with a bolo and the other with a club, and 'riones lay
upon the ground on his bac&, the wounds, nor were they located in a fatal spot2 and
yet, in spite of that, the accused did not continue the assault in order to efectuate
his death, nor did they use the bolo with which to deliver the 5st blow, although
they were not prevented by anybody from consummating their intention to &ill him
if they had such a purpose"
It is clear to our minds that, in this particular case, the accused did not perform 3all
of the acts of e0ecution which should produce the felony as a conse6uence"3 The
wounds were not located in a vital spot" 7either of them was mortal nor li&ely to
produce death2 in other words, the wounds in8icted were not such as 3should3
produce death, nor such as would naturally and ordinarily produce death"
7or is the crime attempted murder2 for, in order that the crime be 6uali5ed as such,
the ofender must commence 3the commission of the felony directly by over acts3
but must 3not perform all of the acts of e0ecution which constitute the felony by
reason of some cause or accident other than his own voluntary desistance"3
In the case at bar the accused voluntarily desisted from injuring the victim
further" They probably &new, which was the fact, that the injuries were not in8icted
in a vital part of the body and were not such as 3should3 produce death" This
presents a condition from which we cannot say the crime can neither frustrated nor
attempted murder"