THE PEOPLE OF THE PHILIPPINE ISLANDS vs. BASILIO BORINAGA 2. ART.
2. ART. 6, Revised Penal Code : “There is an attempt when the offender
G.R. No. 33463 December 18, 1930
Facts: The victim Harry Mooney, an American who resided in Calubian, Leyte,
contracted with Juan Lawaan for the construction of a fish corral. Lawaan
attempted to collect the whole amount of the contract even though the corral is
not yet finished.
Upon Mooney‘s refusal to pay, Lawaan warned and threatened him that something
would happen to him. On that evening, Mooney was in the store of his neighbor,
sitting with his back towards a window when suddenly Basilio Borinaga struck him
with a knife. Unfortunately for the latter, the knife lodged in the back of the chair
on which Mooney was seated. Mooney fell off from the impact but was not injured.
Borinaga left the scene but after ten minutes, he returned to have another attempt
at Mooney but was warded off by Mooney and his neighbor frightening him by
turning a flashlight on him.
Issue: Whether or not the crime is frustrated murder
Held: YES. As an essential condition of a frustrated crime, Borinaga performed all
the acts of execution, attending the attack. There was nothing left that he could do
further to accomplish the work. The cause resulting in the failure of the attack arose
by reason of forces independent of his will. Borinaga also voluntarily desisted from
further acts. The subjective phase of the criminal act was passed.
GROUP’S CONTENTION
Our group disagrees with the ruling. This should have been ruled as attempted
murder and not frustrated murder.
LEGAL BASIS:
1. ART. 6, Revised Penal Code: “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 no produce it by reason of
causes independent of the will of the perpetrator.”
 The acts of execution performed by Borinaga did not produce the death
of Mooney as a consequence not could they have produced it because the
blow did not reach his body; therefore, the culprit did not perform all the
acts of execution which should produce the felony. There was lacking the
infliction of the deadly wound upon a vital spot of the body of Mooney.
commences the commission of the felony directly by overt acts, and does
not perform all the acts of execution which constitute the felony by reason
of some cause or accident other than his own voluntary desistance.”
ELEMENTS:
1. The offender commences the commission of the felony directly by overt
acts
2. He does not perform all the acts of execution which should produce the
felony
3. The offender’s act is not stopped by his own spontaneous desistance
4. The non-performance of all acts execution was due to cause or accident
other than spontaneous desistance
 Not all acts necessary was performed because accused was not able to
stab the victim; he simply missed the his target
CASES:
1. People of the Philippines vs. Regie Labiaga (G.R. No. 202867, July 15, 2013)
In frustrated murder, there must be evidence showing that the wound would have
been fatal were it not for timely medical intervention. If the evidence fails to
convince the court that the wound sustained would have caused the victim’s death
without timely medical attention, the accused should be convicted of attempted
murder and not frustrated murder.
2. People of the Philippines vs. Sibbu G.R. No. 214757, March 29, 2017
The Court also upheld appellant’s conviction for attempted murder. Appellant
commenced the commission of murder through overt acts such as firing his firearm
at the residence of the victims but did not perform all the acts of execution which
should produce murder by reason of some cause other than his own spontaneous
desistance. Appellant simply missed his target.
3. Leonidas Epifanio vs. People of the Philippines GR No. 157057; June 26, 2007
“It must be stressed that it is not the gravity of the wounds alone which determines
whether a felony is attempted or frustrated, but whether the assailant had passed
the subjective phase in the commission of the offense.”