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The United States vs Protasio Eduave

Stages of Commission-Definition

Date: February 2, 1917

Ponente: Justice Moreland

SUMMARY: of execution for the commission of a felony be accomplished and

Protasio Eduave rushed upon a girl and struck her from behind with a bolo, that the expected consequence does not arise by reason of some
which produced a gash and severed all of the muscles in the lumbar region. cause or accident other than the the defendant's voluntary
Motive of the crime was that the accused was incensed at the girl for desistance.
accusing him of raping her and causing her pregnancy. Defendant was found ◦ All acts of execution have been performed by the
guilty of frustrated murder. defendant
◦ Defendant voluntarily desisted from doing any further acts
ISSUES: as he assumed that the girl was dead
1. WON the defendant is guilty of murder as opposed to homicide? As opposed to an attempted felony, wherein the defendant does
2. WON the defendant is guilty of frustrated murder as opposed to not accomplish all acts of execution due to the interference of
attempted murder? some foreign force or agency.
1. Defendant rushed upon the girl from behind RULING: Judgement of trial court affirmed. Defendant is found guilty of
2. Defendant used a bolo and delivered a blow to the girl's back, frustrated murder. Penalty imposed modified to 13 years of cadena
which created a gash 8 ½ inches long and 2 inches deep in the temporal there being neither aggravating or mitigating circumstance.
lumbar region and severed all the muscles therein
3. The girl had previously accused the defendant of raping her and Definition of Terms:
causing her pregnancy Aleviosa
4. Defendant was the querido of the girl's mother -Treachery
5. Defendant, with the assumption of having killed the girl, threw the Querido
body into the bushes -Male darling/paramour
6. Defendant gave himself up and proclaimed that he had killed the

1. The defendant is guilty of murder due to the qualifying circumstance
of treachery as he had not given the girl a chance to defend herself
by rushing to her from the back.
2. The defendant is guilty of frustrated murder. Frustrated felony, as
provided by the Penal Code Art. 3, requires that all necessary acts