Professional Documents
Culture Documents
FACTS:
February 4, 1979: Sulpicio Intod, Jorge Pangasian, Santos Tubio and Avelino Daligdig went to Salvador
Mandaya's house and asked him to go with them to the house of Bernardina Palangpangan. Thereafter, they
had a meeting with Aniceto Dumalagan who told Mandaya that he wanted Palangpangan to be killed because
of a land dispute between them and that Mandaya should accompany them. Otherwise, he would also be killed.
February 4, 1979 10:00 pm: All of them armed arrived at Palangpangan's house and fired at Palangpangan's
bedroom but there was no one in the room.
RTC: convicted Intod of attempted murder based on the testimony of the witness
ISSUE: W/N Intod is guilty attempted murder since it is an impossible crime under Art. 4 (2)
HELD: YES. petition is hereby GRANTED, the decision of respondent Court of Appeals holding Petitioner guilty of
Attempted Murder is hereby MODIFIED. sentences him to suffer the penalty of six (6) months of arresto mayor,
together with the accessory penalties provided by the law, and to pay the costs
FACTS:
May 19, 1994 4:30 pm: Aristotel Valenzuela and Jovy Calderon were sighted outside the Super Sale Club, a
supermarket within the ShoeMart (SM) complex along North EDSA, by Lorenzo Lago, a security guard who was
then manning his post at the open parking area of the supermarket. Lago saw Valenzuela, who was wearing an
ID with the mark Receiving Dispatching Unit (RDU) who hauled a push cart with cases of detergent of Tide
brand and unloaded them in an open parking space, where Calderon was waiting. He then returned inside the
supermarket and emerged 5 minutes after with more cartons of Tide Ultramatic and again unloaded these boxes
to the same area in the open parking space. Thereafter, he left the parking area and haled a taxi. He boarded
the cab and directed it towards the parking space where Calderon was waiting. Calderon loaded the cartons of
Tide Ultramatic inside the taxi, then boarded the vehicle. As Lago watched, he proceeded to stop the taxi as it
was leaving the open parking area and asked Valenzuela for a receipt of the merchandise but Valenzuela and
Calderon reacted by fleeing on foot. Lago fired a warning shot to alert his fellow security guards. Valenzuela
and Calderon were apprehended at the scene and the stolen merchandise recovered worth P12,090.
Valenzuela, Calderon and 4 other persons were first brought to the SM security office before they were
transferred to the Baler Station II of the Philippine National Police but only Valenzuela and Calderon were
charged with theft by the Assistant City Prosecutor.
They pleaded not guilty.
Calderons Alibi: On the afternoon of the incident, he was at the Super Sale Club to withdraw from his ATM
account, accompanied by his neighbor, Leoncio Rosulada. As the queue for the ATM was long, he and Rosulada
decided to buy snacks inside the supermarket. While they were eating, they heard the gunshot fired by Lago,
so they went out to check what was transpiring and when they did, they were suddenly grabbed by a security
guard
Valenzuelas Alibi: He is employed as a bundler of GMS Marketing and assigned at the supermarket. He
and his cousin, a Gregorio Valenzuela, had been at the parking lot, walking beside the nearby BLISS complex and
headed to ride a tricycle going to Pag-asa, when they saw the security guard Lago fire a shot causing evryon to
start running. Then they were apprehended by Lago.
RTC: guilty of consummated theft
CA: Confirmed RTC and rejected his contention that it should only be frustrated theft since at the time he
was apprehended, he was never placed in a position to freely dispose of the articles stolen.