Intod vs.

CA
Topic: Impossible Crimes
Subtopic: Factual or physical impossibility (offense against persons)

Facts:
 The accused, intending to kill a person, peppered the latter's bedroom with bullets, but since the
intended victim was not home at the time, no harm came to him.
 The trial court and the CA held Intod guilty of attempted murder.
 Petitioner seeks a modification of the judgment by holding him liable only for an impossible crime.

Issue:
 Whether or not the crime committed by the petitioner falls under the definition of impossible
crimes.

Decision:
 The petitioner was adjudged guilty only of an impossible crime as defined and penalized in
paragraph 2, Article 4, in relation to Article 59, both of the Revised Penal Code, because of the
factual impossibility of producing the crime.
Jacinto vs. People
Topic: Impossible Crimes
Subtopic: Factual or physical impossibility (inherent impossibility of accomplishment)

Facts:
 A collector for a company did not remit the customer’s check payment to the company but
instead, appropriated it for herself by depositing it to the bank account of a relative.
 The check was, however, dishonored.
 Petitioner performed all the acts to consummate the crime of qualified theft, which is a crime
against property.
 Petitioner’s evil intent cannot be denied, as the mere act of unlawfully taking the check meant for
the company shower her intent to gain or be unjustly enriched.
 Were it not for the fact that the check bounced, she would have received the face value of the
check which was not rightfully hers.
 Therefore, it was only due to the extraneous circumstance of the check being unfunded, a fact
unknown to the petitioner at that time, that prevented the crime from being produced. The thing
unlawfully taken by petitioner turned out to be absolutely worthless, because the check was
eventually dishonored, and the company received the cash to replace the value of said dishonored
check.

Issue:
 Whether or not the crime committed by the petitioner falls under the definition of impossible
crimes.

Decision:
 There can be no question that as of the time that the petitioner took possession of the check
meant for the company, she had performed all the acts to consummate the crime of theft, had it
not been impossible of the accomplishment of this case.
 Petitioner is found guilty of an impossible crime as defined and penalized in Articles 4, paragraph
2, and 59 of the Revised Penal Code, respectively.
 Petitioner is also sentenced to suffer the penalty if six months of arresto mayor, and to pay the
costs.
People vs. Balmores
Topic: Impossible Crimes
Subtopic: Inadequate or ineffectual means

Facts:
 The petitioner was found guilty of attempted estafa through falsification of a Philippine Charity
Sweepstakes Office. The petitioner attempted to in a sweepstakes ticket that was obviously
falsified (the ¼ ticket was split into ⅛, and the winning ticket number written in ink at the bottom
left part of the halved ticket).
 He presented his falsified ticket to a PCSO booth but the PCSO employee manning the booth saw
that the ticket was obviously falsified and had the petitioner arrested.
 Balmores waived the right to counsel and pleaded guilty to the crime of attempted estafa.

Issue:
 Whether or not the crime committed by the petitioner falls under the definition of impossible
crimes.

Decision:
 No. It may be that appellant was either reckless or foolish in believing that a falsification as patent
as that which he admitted to have perpetrated would succeed; but the recklessness and
clumsiness of the falsification did not make the crime impossible within the purview of paragraph
2, article 4, in relation to article 59, of the Revised Penal Code.
 It would have been impossible for the appellant to consummate the crime of estafa through
falsification of said ticket if the clerk to whom it was presented for the payment had not exercised
due care.