Martinez Vs.
CA and People of the Philippines On February 7, 1999, Dean gave his sworn statement to Sulatre but
Stages of Execution in relation to Specific Felonies (Physical Injuries, Homicide and
Murder)
Facts:
On October 28, 1998, Dean Dongui-is and his wife Freda filed a complaint
for damages against the couple, Benjamin and Lilibeth Martinez in the Municipal
Trial Court of Tubao, La Union. The former alleged the latter, particularly
Benjamin, who was also a suitor of Elvisa Basallo, of sharing false information that
Dean and Elvisa had illicit relations. This led to a quarrel between the Dongui-is
couple that resulted to the hospitalization of Freda who has a heart ailment. In
response, Dean even asked Lilibeth to stop her husband from spreading lies.
On the part of Elvisa, she also filed charges under Article 26 of the New
Civil Code against Benjamin for there were some instances where the latter went to
Shaltene Pawnshop and Pharmacy where she was employed and accused her of
having illicit relations with Dean. There was also this one instance when Elvisa was
forcibly pulled outside causing her to scratch Benjamins face and run after him with
a knife.
As a defense, the Martinez couple filed a motion to dismiss the case filed
by the Dongui-is which was heard and denied in the morning of February 3, 1999. In
the afternoon of the same date, Dean went to the Tubao Credit Cooperative (TCC)
Office to pick up the dividend of his wife. After picking up, Dean went out of the
said office and when he was already near his car, Benjamin suddenly emerged from
behind an L-300 van which was parked near his car, and stabbed him on the left
breast with a bolo. Dean went inside the bank office but Benjamin ran after him. The
latter stabbed the former again but was able to counter it hitting him on the right
elbow. Dean fell to the floor and Benjamin stabbed him again in the breast.
Notwithstanding the stabs, Dean managed to run to the counter where Benjamin was
unable to get inside.
Informed of the said fight, SPO1 Henry Sulatre of the Tubao Police
Station, located 100 meters away from the scene, responded quickly and upon
arriving, saw Brgy. Captain Rodolfo Oller and his son Nicky. Nicky handed the bolo
to Sulatre and the authorities placed Benjamin in jail where he kept on saying that he
already killed Dean.
On the other hand, PO3 Valenzuela rushed Dean to the Doa Gregoria
Memorial Hospital in Agoo, La Union but was also transferred to the Ilocos
Regional Hospital in San Fernando, La Union and was examined and operated by
Dr. Nathaniel Rimando and Dr. Darius Parias. Dean sustained two stab wounds and
one laceration. Had it not been for the blood clot that formed on the left ventricle,
Dean would have died from excessive bleeding.
deferred swearing to the truth because Sulatre was still waiting for the permanent
medical certificate which was later issued on February 28, 1999. Benjamin was only
charged with frustrated murder by SPO1 Sulatre on March 10, 1999. However, the
Municipal Circuit Trial Court opted not to act on the said case pending the arrest
report and the submission of Deans sworn statement which was later on pledged
only on March 30, 1999. On September 13, 2000, the RTC indicted Benjamin for
frustrated murder. On October 13, 2000, Benjamin was arraigned and pleaded not
guilty. He said that he merely defended himself against Deans assault, reasoning
that the latter was very jealous to the former because Elvisa was also his mistress.
He was also suspected by Dean to be sending letters to Deans wife and was even
responsible for the raid done in Deans dwelling. Benjamin also accused Dean of
throwing invectives at the former. Moreover, Benjamin said that the criminal case
charged was only to harass him. He narrated that on that day, when the crime
happened, he also went to the TCC Office to get the dividend of his wife. Upon
entering, he met his uncle Godofredo Sarmiento who was also on his way to update
his passbook and both agreed to enter together. Both met Dean at the exit and the
latter thought that they were blocking his way. Dean spat on Benjamins breast and
face and threw a punch. Dean kept attacking until Benjamin was already near his
tricycle. He then took the bolo he was hiding in his tricycle and stabbed Dean in self
defense until Dean was able to run back to the office. However, when Brgy. Captain
Oller and his son arrived, he already surrendered together with his bolo.
On April 30, 2001, the RTC convicted him of frustrated homicide after the
prosecution failed to prove the qualifying circumstances of treachery. Benjamin then
made an appeal before the Court of Appeals but only to affirm the RTCs decision
with modification. The CA ruled that it was more of a retaliation rather than a case
of self-defense. It was for the rationale that when an unlawful aggression begun no
longer exists, the one making the defense has no more right to kill or even wound
the aggressor. Martinez filed a motion for review on certiorari before the Supreme
Court hence the case at bar.
Issue:
Whether or not Benjamin is guilty of frustrated homicide.
Ruling:
The petition was denied for lack of merit.
First, Benjamin argues the validity of the criminal complaint filed against him by
SPO1 Salutre. To this, the Office of Solicitor General maintained that the issue had
become moot and academic after the Information filed in the trial court, when
petitioner was arraigned, assisted by counsel, and entered a plea of not guilty. On the
other hand, SC concurred with Benjamin that indeed the complaint was defective.
Section 3 (a) and (b) Rule 112 of the
Revised Rules of Criminal Procedure provide: Sec. 3. Procedure. The
preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state the address of the respondent and shall be accompanied
by the affidavits of the complainant and his witnesses, as well as other supporting
documents to establish probable cause. They shall be in such number of copies as
there are respondents, plus two (2) copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public, each of
whom must certify that he personally examined the affiants and that he is satisfied
that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer
shall either dismiss it if he finds no ground to continue with the investigation, or
issue a subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
However, the MCTC opted not to act on the complaint until after the
submission of the requisites. Moreover, petitioner submitted his counter affidavit
without any protest nor assail the validity of the criminal complaint nor the tardy
submission. The late medical certificate also was never raised in the two lower
courts and thus the SC said that it will never be entertained.
Secondly, petitioner failed to establish that he acted on self defense. As a matter
of fact, claim of self defense is both a confession and avoidance. It is for the
petitioner to prove that the essential elements of defense are present as provided in
Article 11 paragraph 1 of the Revised Penal Code. The elements are: 1.)
unlawful aggression [sudden and unexpected attack or an imminent danger thereof,
and not merely a threatening or an intimidating attitude] 2.) reasonable necessity
of means employed [presence of the wounds and their nature and location disprove
self-defense and instead indicate a determined effort to kill] and 3.) lack of
sufficient provocation on the part of the defendant [Benjamin testified that he
was punched but no sign or proof is shown] Also, the testimony of
Salutre was given credence because of absence of proof of any improper motive.
Hence, it is presumed that law enforcer have regularly performed his duty.
Thirdly, the petitioner claimed that if ever convicted of the said crime, it must be
of lesser degree because of absence of intent to kill. But the court denied it with
the presence of the medical certificate emphasizing the contrary. Also, when an
injury is inflicted but survived, the crime is either consummated physical injuries [if
no intention] or frustrated or attempted homicide or frustrated or attempted murder
[if with intention] Intent to kill may be proved by the following: 1.) motive
[Benjamin has more hatred than Dean because the latter
filed a case against him], 2.) nature or number of weapons used [14.5 in bolo was
used], 3.) nature and number of wounds [three stab wounds and the two
penetrated the heart and lung] and 4.) words uttered by the offender at the time
of the commission [Agparintomeng ka tatta ta talaga nga patayen ka translated
as Kneel down because I will really kill you etc.] Thus the petitioner performed
all the acts of execution but the crime was not consummated because of the timely
medical intervention.
The Court also found ample evidence to establish treachery or alevosia.
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly
and specially to insure its execution without risk to himself arising from the defense
which the offended party might take.
In the present case, it is proven by 1.) victim was not in a position to defend himself
and 2.) offender consciously adopted the particular means. Thus Benjamin is guilty
of frustrated murder under Article 248 in relation to Article 6, first paragraph
of the Revised Penal Code which reads:
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the
acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
The essential elements of a frustrated felony are: 1.) offender performs all acts of
execution, 2.) all acts would produce the felony as consequence, 3.) felony is not
produced and 4.) by reason of causes independent of the will of the perpetrator.
The crime is said to be subjectively complete however the consequence was not met
due to external factors.
Also, for voluntary surrender to be appreciated, it must be unconditionally made
either because of acknowledgement of guilt or salvation from more trouble and
expenses.
Three things should be fulfilled: 1.) offender has not been actually arrested, 2.)
surrender to a person in authority or the latters agent, and 3.) voluntary.
N.B. Read the Revised Penal Code
1. Article 6 on Consummated, Frustrated and Attempted Felonies
2. Article 11.1 on Justifying Circumstances (Self-Defense)
3. Article 13 on Mitigating Circumstances
4. Article 14.16 on Aggravating Circumstances (Treachery)
As I understood it, it was placed under the said classification because of the
presence of circumstances. It is to be noted that the complaint filed by SPO1 Sulatre
was frustrated murder but the RTC ruled frustrated homicide after thorough study
and not finding any element of treachery thus deciding that love triangle was the
reason behind. After which, penalties were modified by the Court of Appeals and in
the decision of the Supreme Court, treachery was affirmed as the petition for
certiorari opens the case for review on any question ruling in the end that it was
frustrated murder and not frustrated homicide. From the explanation, one can sense
that there is indeed a stage of execution followed with the concurrence of certain
circumstances.
 People vs. Campuhan by the child's own assertion that she resisted Primo's advances by putting her legs
close together and that she did not feel any intense pain but just felt "not happy"
FACTS: about what Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!" not "Aray
ko, aray ko! No medical basis to hold that there was sexual contact between the
On April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old Crysthel
accused and the victim.
Pamintuan, went to the ground floor of their house to prepare Milo chocolate drinks
for her 2 children. There she met Primo Campuhan, helper of Conrado Plata Jr., All the elements of attempted rape and only of attempted rape are present in this
brother of Corazon, who was then busy filling small plastic bags with water to be case, hence, the accused should be punished only for it.
frozen into ice in the freezer located at the second floor. Then she heard Crysthel
cry, "Ayo'ko, ayo'ko!" so she went upstairs and saw Primo Campuhan inside her NOTES:
children's room kneeling before Crysthel whose pajamas or "jogging pants" and
panty were already removed, while his short pants were down to his knees and his NO FRUSTRATED RAPE!
hands holding his penis with his right hand. Horrified, she cursed "P - t - ng ina mo,
ATTEMPTED RAPE
anak ko iyan!" and boxed him several times. He evaded her blows and pulled up his
pants. He pushed Corazon aside who she tried to block his path. Corazon then ran NO penetration of the female organ because not all acts of execution were
out and shouted for help thus prompting Vicente, her brother, a cousin and an uncle performed as the offender merely commenced the commission of a felony directly
who were living within their compound, to chase the Campuhan who was by overt acts.
apprehended. They called the barangay officials who detained Campuhan. Physical
examination yielded negative results as Crysthel s hymen was intact. Campuhan CONSUMMATED RAPE
contented that Crysthel was in a playing mood and wanted to ride on his back when
Any penetration, in whatever degree, is enough to raise the crime to its
she suddenly pulled him down causing both of them to fall down on the floor. RTC
consummated stage.
charged Primo guilty of statutory rape, sentenced him to the extreme penalty of
death.

ISSUE:

Whether or not rape in this case was consummated.

HELD:

NO.

The court charged Primo guilty of Attempted Rape where under Article 6, in relation
to Article 355 of the RPC, rape is attempted when the offender commences the
commission of rape directly by overt acts, and does not perform all the acts of
execution which should produce the crime of rape by reason of some cause or
accident other than his own spontaneous desistance.

The rules is labia majora must be entered for rape to be consummated. Primo's
kneeling position rendered an unbridled observation impossible. The child, Crysthel
made a categorical statement denying penetration but her vocabulary is yet as
underdeveloped. Corazon narrated that Primo had to hold his penis with his right
hand, thus showing that he had yet to attain an erection to be able to penetrate his
victim. The possibility of Primo's penis having breached Crysthel's vagina is belied
 US v. Valdes
FACTS:
Morning of April 28, M.D. Lewis was absent from her lives. Her
neighbor, Mrs. Auckback, told her that there is a smoke coming from the lower floor
of his house. Lewis told her servant, Paulino Banal, to look for the fire. Banal found
a jute sack and rag, soaked with kerosene, burning between the post of the house and
partition of the entresol. At that moment, Severino Valdes was cleaning the hoses at
the entresol.
Same morning, police arrested Valdes. According to the statement, he set
the rag and sack on fire. Also, he set several other fires in the house on several days
and that he performed the acts through inducement of Hugo Labarro, who felt
resentment against their master, and that Labarro promised to pay Valdes a peso for
each fire he set.
Valdes admitted and made declaration in the police although, he denied
that having placed the rag and sack on where Banal found them. He stated that he set
fire on a pile of dried mango leaves he gathered, which is contrary to the statement
made in the police station.
Due to lack of evidence, the case was dismissed to Labarro. The fact that
setting fire of the house constitute the crime of frustrated arson, on the occasion
when some of its inmates were inside.
A policeman saw Valdez, while watching a warehouse behind the
dwelling house, climbing the wall of the warehouse where there was straw
previously been burned. Upon notice of Valdes, he desists from climbing and
entering the warehouse.
ISSUE:
Whether or not the crime committed by Valdes is frustrated arson.
Held:
The crime is frustrated arson because Valdes performed all the acts to burn
the house, in accordance to his will, but the criminal act intended was not produced.
The offense committed cannot be classified as consummated arson, for the reason
that no part of the building had yet commenced to burn, although as the piece of
sack and rag, soaked in kerosene, had been placed near the partition of the entresol,
the partition might have started to burn, if the fire had not been put out of time.
Penalty imposed is presidio mayor, medium degree, under art. 549 of the
Penal code.
PEOPLE vs. AGUILOS
FACTS:
On February 5, 1988 11:30 in the evening, Elisa Roldan was inside their
store waiting for husband to arrive. Joselito Capa and Julian Azul, Jr. were drinking
beer. Although already drunk, Edmar Aguilos and Odilon Lagliba joined them.
Aguilos had a heated argument with Azul. Elisa pacified Edmar and advised them to
go home as she was already going to close her store. Aguilos and Lagliba left then
returned to block Capa and Azul. Aguilos took off his eyeglasses and punched Azul
in the face. Elisa shouted "Tama na, tama na!" but she was ignored as they continue
to rumble until they reach the end of the street. Lagliba positioned himself on top of
a pile of hollow blocks and watched the two swapped punches. As Capa tried to stop
the fight, Lagliba pulled out his knife with his right hand and stepped down from his
perch. He placed his left arm around Capa's neck, and stabbed him. Ronnie and
Rene Gayot Pilola, who were across the street, saw their gang-mate Lagliba stabbing
the victim and decided to join the fray. Ronnie took a knife from the kitchen of
Teresita and the two rushed to the scene and stabbed Capa. As Capa was stabbed 11
times (6 fatal stab wounds), he fell in the canal. Lagliba and Pilola fled while
Ronnie went after Azul who ran dear life. When Azul noticed that Ronnie was no
longer running after him, he looked back and saw Ronnie pick up a piece of hollow
block and bashed Capa's head. Then, Ronnie got a piece of broken bottle and struck
Capa once more before fleeing from the scene. Capa died on the spot. Elisa rushed
to Capa's house and informed his wife and brother of the incident.
Agripina Gloria, a female security guard, saw Ronnie repeatedly stabbed
Capa and fled towards the direction of the mental hospital. She did not see Lagliba.
On the other hand, Elisa's cross-examination had an inconsistency, she
stated that it was Aguilos who struck the victim (before it was Ronnie)
RTC: Pilola GUILTY beyond reasonable doubt of Murder punished under
Art. 248 of the RPC qualified by treachery and sentenced to reclusion perpetua.
Pilola is hereby ordered to indemnify the heirs of Capa in the amount of 50,000 as
civil indemnity ex delictom and moral damages of 50,000 and exemplary damages
of 25,000
ISSUE:
WON Pilola is guilty of murder
RULING: Yes. Pilola is GUILTY of murder. To hold a person liable as an accomplice, two elements must concur:
1. the community of criminal design - knowing the criminal design of the
The identity of the person who hit the victim with a hollow block is of de principal by direct participation, he concurs with the latter in his purpose.
minimis importance. The perceived inconsistency in Elisa's account of
events is a minor and collateral detail that does not affect the substance of 2. the performance of previous or simultaneous acts that are not
her testimony, as it even served to strengthen rather than destroy her indispensable to the commission of the crime.
credibility. No showing of any improper motive on the part of a witness to
testify falsely against the accused or to falsely implicate the latter in the Accomplices do not decide whether the crime should be committed; they merely
commission of the crime - the testimony is worthy of full faith and credence assent to the plan of the principal by direct participation and cooperate on its
accomplishment. However, where one cooperates in the commission of the crime
by performing overt acts which by themselves are acts of execution, he is a
There is conspiracy when two or more persons agree to commit a felony and principal by direct participation, and not merely an accomplice.
decide to commit it. Conspiracy as a mode of incurring criminal liability
must be proved separately from and with the same quantum of proof as the There is treachery when the offender commits any of the crimes against persons,
crime itself. Secrecy and concealment are essential features of a successful employing means, methods or forms in the execution thereof, which tend directly
conspiracy. Conspiracy may be implied if it is proved that two or more and specially to insure its execution, without risk to himself arising from the
persons aimed by their acts towards the accomplishment of the same defense, which the offended party might make. The essence of treachery is the
unlawful object, each doing a part so that their combined acts, though swift and unexpected attack on the unarmed victim without the slightest
apparently independent of each other, were, in fact, connected and provocation on his part - attack on the unarmed victim was sudden. The
cooperative, indicating a closeness of personal association and a concurrence aggravating circumstance of abuse of superior strength is absorbed by treachery.
of sentiment. There may be conspiracy even if an offender does not know the
identities of the other offenders, and even though he is not aware of all the
details of the plan of operation or was not in on the scheme from the
beginning. One need only to knowingly contribute his efforts in furtherance
of it. One who joins a criminal conspiracy in effect adopts as his own the
criminal designs of his co-conspirators. If conspiracy is established, all the
conspirators are liable as co-principals regardless of the manner and extent of
their participation since in contemplation of law, the act of one would be the
act of all. Each of the conspirators is the agent of all the others.

Even if two or more offenders do not conspire to commit homicide or murder,

they may be held criminally liable as principals by direct participation if they
perform overt acts which mediately or immediately cause or accelerate the
death of the victim.

Art. 4. Criminal liability. Criminal liability shall be incurred:

By any person committing a felony (delito) although the
wrongful act done be different from that which he intended

Art 18. Accomplices. - Accomplices are the persons who, not being
included in Article 17, cooperate in the execution of the offense by
previous or simultaneous acts.