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FACTS:
Ponente: Justice Campos, JR. 1992
Petitioner:Sulpicio IntodRespondent:
Court of Appeals
Victim: Bernardina Palangpangan
Accessories: Pangasian, Tubio Daligdig Mandaya
Events:
It turned out that Palangpangan was in another city, no one was in the room when the accusedfired shots,
and no one was hit by the gun fire.Filling of the Case:
ISSUE: W/N the act committed by Intod and his accomplices constitutes an Impossible Crime.
RULING:
Intod’s
petition was granted, the crime committed by Intod was modified from Attempted Murder to an
Impossible Crime.
Article 4 Section 2 of the Revised Penal Code States: Criminal Liability shall be incurred: By a person
committing an act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment, or on account of the employment of inadequate or ineffectual means.
The case at far constitutes an inherent impossibility to perform the act due to factual or physical
impossibility, that is, extraneous circumstances unknown to the actor beyond his control prevent the
consummation of the intended crime.
Impossible Crime is recognized and punished here in the Philippines, as compared to, United States, thus,
judgment rendered by the US in similar nature with the case at bar should not applied.
Impossible Crimes constitutes a criminal liability, in order to, punish the criminal intent.