INTOD VS COURT OF APPEALS Facts: Sulpicio Intod, Jorge Pangasian, Santos Tubio and Avelino Daigdig went to Salvador

Mandayas house in Katugasan, Lopez Jaena, Misamis Occidental and asked him to go with them to the house of Bernardina Palangpangan. They had a meeting with Aniceto Dimalagan Dumalagan. He told Mandaya that he wanted Palagpangan to be killed because of a land dispute between them and that Mandaya should accompany them, or less, he would be killed. When Mandaya pointed out the bedroom of their target, it appeared that the latter was on a different city and that their house has been occupied by his son-in-law and his family. Thus, no one was in the room and no one was hit by the gun. Having been positively identified by witnesses, RTC convicted them of attempted murder which has also been affirmed by the CA. Issue: WON petitioners are liable only for an impossible crime and should not be convicted of attempted murder. Decision: Petitioners are liable for impossible crime ONLY. Reason: Test of the impossibility of crimes there must be either: 1. Legal impossibility the motive, desire and expectation is to perform an act in violation of the law; there is an intention
to perform the physical act; there is a performance of the intended physical act; and, the consequences resulting from the intended act does not amount to a crime.

2. Physical impossibility of accomplishing the intended act In the case at bar, facts showed that there is a physical impossibility which rendered the intended crime impossible of accomplishment (Article 4, which makes a person criminally liable for an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishments In that case, all circumstances which prevented the consummation of the offense will be treated as an accident independent of the actors will which is an element of attempted and frustrated felonies. Simply put, the Philippines Revised Penal Code expressly provided for impossible crimes and made them punishable, it is an act penalized by itself.