Case Title US v Eduave

G.R. no. GR L-12155

Main Topic Attempted, Frustated, and Consummated Crime

Other Related Topic

Date: February 2, 1917

DOCTRINES
Art.6- Consummated frustrated, and attempted felonies.
Consummated Felony – when all the elements necessary for its execution and
accomplishment are present.
Frustrated Felony – when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
Attempted Felony – when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

FACTS:
Protasio Eduave was a querido of the girl’s mother. The girl charged him
criminally before the local officials with having raped her and with being the cause
of her pregnancy. With an intent to kill, Eduave rushed upon the girl and struck
her from behind with a sharp bolo producing a gash in the lumbar region and slightl
to the side eight and one-half inches long and two inches deep. Knowing that he
had killed the girl, he threw the body into the bushes. Then he gave himself up and
admitted the killing. However, the girl survived. Eduave was charged with murder
qualified by the circumstance of alevosia (treachery) because the accused made
the sudden attack upon his victim from behind. With theThe contention is as to
what stage of murder will be imposed: attempted or frustrated?

ISSUE:
Whether or not the murder is a frustrated murder?

HELD:
Yes. The murder was frustrated and not attempted murder. Art. 3 of the RPC
defineds:
Frustrated felony - when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
Attempted Felony – when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

The crime cannot be attempted murder based on the fact that Eduave performed
all of the acts which should have resulted in the consummated crime. A crime
cannot be hold to be attempted unless the offender, after beginning the commission
of the crime by overt acts, is prevented, against his will, by some outside cause
from performing all of the acts which should produce the crime. Eduave performed
all the acts of killing the victim even though it did not produce the death he
intended. The crime is not a consummated murder as the victim did not die. The
murder is clearly frustrated murder.