CRIMINAL LAW - Frustrated/ Attempted

GR. 12155, February 2, 1917

UNITED STATES, plaintiff-appellee vs. PROTASIO EDUAVE, defendant-appellant

FACTS:

Defendant was charged of the crime of rape resulting to the pregnancy of Ms. X who happens to be the daughter of his paramour. Incensed, defendant rushed to the girl and struck here from behind, in part at least, with a sharp bolo producing a frightful gash in the lumbar region and slightly to the side 8 1/2 inches long and 2 inches deep severing all of the muscles and tissues of that part.

There was no question that defendant was guilty. The only dilemma is the precise crime of which he should be convicted.

ISSUE:

Whether or not accused should be convicted of frustrated murder.

RULING:

Yes, accused should be convicted of frustrated murder.

A felony is frustrated when the offender performs all the acts of execution which should produce the felony as a consequence, but which, nevertheless do not produce it by reason of causes independent of the will of the prepetrator. (See Art 3, Revide Penal Code)

The essential element which distinguishes attempted from frustrated felony is that, in the latter, there is no intervention of a foreign or extraneous cause or agency between the beginning of the commission of the crime and the moment all of the acts have been performed which should result in the consummated crime. While in the former there is such intervention and the offender does not arrive at the point of performing all the acts which should produce the crime.

In case of an attempt, the offender never passes the subjective phase of the offense. He is interrupted and compelled to desist by the intervention of outside causes before the subjective phase is passed.

In case of frustrated crimes, the subjective phase is completely passed. Subjectively, the crime is complete. Nothing interrupted the offender while he was passing throught he subjective phase. The crime, however, is not consummated by reason of the causes independent of the will of the offender. He did all that was necessary to commit the crime. If the crime did not result as a consequence it was due to something beyond his control.