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Criminal Law 1 Cases (pgs. 94-121) 1. People vs.

. Tabago Facts Tabago (T) talking w/ Chief of Police (COP) T Made motion to draw pistol COP prevented him T told 2 companions to fire at COP (could not hit him coz embracing Tabago) Avelino Valle (companion) fired shot but not aimed at anybody Held Accused cannot be convicted of attempted homicide Cannot definitely conclude that drawing of pistol would have lead to an offense, could have desisted at any moment 2. U.S. vs. Simeon Facts Accused raised his bolo as if to strike or stab Victim shouted for help & ran Held No blow was struck; no proof of threat to kill or do bodily harm Not an overt act 3. U.S. vs. Gloria Facts Accused offered money to a public officer Purpose: corrupting him Held crime of corruption of public officer overt act 4. People vs. Lamahang Facts

Accused was in the act of making an opening w/ an iron bar on the wall of a store Store owner w/ another chinaman was sleeping inside Police surprised accused in the act Held Crime: attempted trespass to dwelling Only an attempt coz accused had not entered dwelling yet Act no connection w/ robbery Cannot be considered attempted robbery

5. Araneta, Jr. vs. Court of Appeals Facts Accused shot victim, but shown to have inflicted slight wound Co-accused inflicted fatal wound causing death Held Slight wound did not cause death nor was it material to contribute to death Limited liability = slight injury Accused fired gunshot = showed intent to kill Elevated liability = attempted homicide 6. People vs. Sy Pio Facts Accused went into store and fired his gun at Chinaman Sy = hit fatally Accused fired at Kiap, hit him in the shoulder, Kiap ran away Kiap healed w/in 20 days Held

Shooting Kiap, accused was charged w/ frustrated murder Kiap as able to escape, the accused knew that he did not hit Kiap fatally Liability = attempted murder 7. People vs. Dagman Facts Aggressors used deadly weapon, blows were directed at vital parts Aggressors thought they had killed Subjective phase passed, crime completed Felony not produced by reason of causes independent of the perpetrators will Held The victim playing possum = escaped death by ruse of feigning death Aggressors = liable for frustrated felony 8. U.S. vs. Lim San Facts Defendant believed that consummated the crime of murder Desisted from striking blows Held Liable for frustrated murder 9. U.S. vs. Eduave Facts Aggressor believed he had killed complainant He gave himself up Death did not result Held Liable for frustrated murder

10. People vs. Guihama Facts Aggressor fatally wounded the victim Wound could have produced death Held Liable for frustrated murder 11. People vs. Honrada Facts Accused stabbed offended party in abdomen, penetrating liver, in chest Medical treatment saved victim Held Liable for frustrated murder 12. People vs. Mercado Facts wounded victim in left abdomen causing peritoneal cavity could have produced death Held Liable for frustrated murder 13. People vs. David Facts Accused fired revolver, hit victim at upper side of body Victim saved due to intervention of medical science Held Liability = frustrated murder 14. People vs. Bien Facts Accused threw chinaman into the deep water Victim could not swim so seized the gunwale of the boat

Other people prevented the accused from striking the victim Accused intended to kill victim Held Liable for attempted homicide 15. People vs. Kalalo Facts Accused fired 4 successive shots at the victim Victim was fleeing to escape Failed to hit victim by reason of a cause other than his own spontaneous desistance Held May be convicted of attempted homicide Provided he had intent 16. People vs. Domingo Facts 2 physicians as witness Could not agree whether wounds inflicted could have led to death w/o medical assistance Held convicted of attempted homicide 17. People vs. Somera Facts Victims head was grazed by the shot Not fatal Held convicted of attempted homicide 18. U.S. vs. Adiao Facts

Customs inspector took leather belt from baggage of a Japanese Hid it in a desk drawer in the Customs House Other customs employees found it Held SC ruled it as consummated theft All elements necessary were present 19. U.S. vs. Dominguez Facts Defendant = Phil. Edu. Co. salesman Sold books for P7.50 Put money in pocket w/ intent to misappropriate Held Frustrated estafa = no damage inflicted Elements: abuse of confidence & damage 20. People vs. Dino Facts Truck load of stolen boxes of rifles Way out of the check pt. in South harbor surrounded by tall fence MP guard discovered boxes on truck Held Frustrated theft, timely discovery before they could pass checkpt. Determinative of consummation = ability of offender to dispose freely of the stolen articles (lacking) 21. People vs. Espiritu Facts Accused took 9 pcs. Of linen from the supply depot in quezon city

Took them to their truck Found by MP, when they tried to pass thru checkpt. Held Consummated theft Determinative of consummation = ability of offender to dispose freely of the stolen articles 22. People vs. De la Cruz Facts Accused was found by American MP Inside captain Parkers jeep Jeeps padlock = forced open Iron bar found between front seats & gearshift Captain Parker inside theater Held Attempted theft Commenced commission of felony Stopped coz of MPs timely arrival Overt acts = forcing open the padlock 23. U.S. vs. Villanueva Facts Accused fraudulently assumed authority Demand fee for Bureau of Forestry Tried to collect P6.00 Complainant refused or unable to give the accused Held Attempted estafa Cause of prevention = refusal or inability of victim 24. People vs. Gutierrez

Facts Accused falsely represented himself Offered to give victim job at Ft. McKinley Requested P3.80 for x-ray exam Victim gave P3.75 Before he could give 5 centavos out of pocket, police arrested accused Held Frustrated estafa Apprehended immediately after receiving money 25. People vs. Del Rosario Facts Culprits broke floor of bodega Entered & removed sack of sugar Caught in the act of taking it out Held Frustrated robbery, consummate = must be able to take it out 26. U.S. vs. Joven Facts Defendant w/ pocket knife Inflicted several wounds on victim Said until I kill you Held Attempted homicide Intent to kill evident 27. U.S. vs. Maghirang Facts Accused inflicted bolo wounds On shoulder and lips then withdrew Held

Serious physical injuries Accused was aware wounds will not kill victim, intent not evident 28. Mondragon vs. People Facts Accused assaulted victim w/ fist blows Slight wounds inflicted Accused retreated after victim started hitting him w/ bolo Held Less serious physical injuries Intent not evident coz accused did not held his ground Wounds inflicted not fatal 29. People vs. Malinao Facts Accused thrashed victim Voluntarily left w/o inflicting fatal injury Superior no. and weapons of culprits Held Physical injuries Intent to kill = wanting 30. People vs. Marcos Facts Accused selling marijuana & other prohibited drugs Held Mere act of selling = violation Consummated 31. People vs. Diego Quinn Facts Fails to corrupt public officer Returned money given

Held Frustrated bribery 32. U.S. vs. Te Tong Facts Police officer accepted bills amounting P500.00 Purpose: use it as evidence to prosecute Held Attempted bribery 33. People vs. Hernandez Facts Laid on top of 9 yr. old girl for 15 mins. Partial penetration of male organ Victim felt intense pain Held Consummated rape Entry of the female organ w/o rupture of hymen constitutes consummation Perfect penetration = not essential, any penetration constitutes consummation 34. People vs. Erina Facts Have sexual intercourse w/ 3 yrs and 11 mons. old girl Doubt in success of penetration Held No conclusive evidence of the genital organ Frustrated rape, benefit of the doubt in favor of accused 35. People vs. Brocal Facts

Laid on top of woman Restricting her & raising her skirt to have sex Victim was able to escape before any sex occurred Held Attempted rape 36. People vs. Sazon Facts Shot victim in left forearm Grappling for gun Co-accused stabbed victim Cause of death = hemorrhage Held Consummated homicide Accused did not inflict mortal wound Shown existence of conspiracy 37. People vs. Mision Facts Accused stabbed 2 victims Victims were closing their store 1 died, 1 recovered Held Surviving victim = frustrated murder Recovered due to prompt medical attention Attack was qualified by treachery 38. People vs. Ramolete Facts Accused intended to kill victim Unable to perform all acts of execution

Inflicted wounds did not affect vital organs Warned victim before shooting Held Attempted homicide