You are on page 1of 1

US VS.

EDUAVE
GR NO L-12155 February 2, 1917
Moreland
SUBJECT: Stage of punishable conduct: attempt; never passes subjective
phase
FACTS: Defendant Protasio Eduave, who was the querido of the victims
mother, attacked the victim from behind using a bolo creating a gash of 8
and a half inches long and 2 inches deep because the latter accused the
defendant of raping her. Knowing that he has already killed the victim, he
threw the body into the bushes and left. Then, he gave himself up and
declared that he had killed the complainant.
ISSUE: In what stage of the crime of murder is committed by Eduave?
HELD:
The Accused is guilty of frustrated murder. The fact that Eduave attacked
the victim from behind, in a vital portion of the body, shows treachery
qualifying it as murder. In case of frustrated crimes, the subjective phased is
completely passed making the crime subjectively complete. The crime,
however, is not consummated by reason of the intervention of causes
independent of the will of the offender. Adueva did all that was necessary to
commit the crime but it did not result as a consequence due to something
beyond his control.
The crime was not consummated because the elements of the crimes
execution and accomplishment were not complete, as the victim did not die.
Neither was the crime an attempted one because the accuseds actions has
already passed the subjective phase, that is, there was no external force or
intervention of a foreign or extraneous cause or agency between the
beginning of the commission of the crime and the moment when all of the
acts have been performed preventing defendant from performing all the acts
of execution necessary to commit the felony. That external force is the
essential element which distinguishes attempted from frustrated felony.
Consequently, the victim did not die because an external element has
prevented such death after Eduave has performed all the necessary acts of
execution that would have caused the death of the victim.

You might also like