THE PEOPLE OF THE PHILIPPINE ISLANDS v .

BASILIO BORINAGA

G.R. No. 33463 December 18, 1930

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, here
turned to have another attempt at Mooney but was warded off by Mooneyand his neighbor
frightening him by turning a flashlight on him.

Issue:

Whether or not the crime is frustrated murder.

Held: YES

As an essential condition of a frustrated crime, Borinaga performed all the acts of execution,
attending the attack. There was nothing left that he could do further to accomplish the work. The
cause resulting in the failure of the attack arose by reason of forces independent of his will.
Borinaga also voluntarily desisted from further acts. The subjective phase of the criminal act was
passed.

Dissenting opinion, J. Villa-Real:

“The acts of execution perfomed by [Borinaga] did not produce the death of
Mooney as a consequence not could they have produced it because the blow did not reach his
body; therefore, the culprit did not perform all the acts of execution which should produce the
felony.” There was lacking the infliction of the deadly wound upon a vital spot of the body of
Mooney.