INTOD VS.

COURT OF APPEALS
G.R. No. 103119 October 21, 1992
Ponente: Justice Campos, JR. 199
FACTS:
In the morning of February 4, 1979, Sulpicio Intod, Jorge Pangasian, SantosTubio and
!elino "aligdig #ent to Sal!ador $andaya%s house in &atugasan,'ope( Jaena, $isamis
)ccidental and as*ed him to go #ith them to the houseof +ernardina Palangpangan, Thereafter,
$andaya and Intod, Pangasian,Tubio and "aligdig had a meeting #ith niceto "umalagan, -e
told $andaya that he #anted Palangpangan to be *illed because of a land dispute bet#een them
and that $andaya should accompany the four .4/ men, other#ise, he #ould also be *illed, t
about 10100 o%cloc* in the e!ening of the same day, Petitioner, $andaya, Pangasian, Tubio and
"aligdig, all armed #ith firearms, arri!ed at Palangpangan%s house in &atugasan, 'ope( Jaena,
$isamis )ccidental, tthe instance of his companions, $andaya pointed the location
of Palangpangan%s bedroom, Thereafter, Petitioner, Pangasian, Tubio and"aligdig fired at said
room, It turned out, ho#e!er, that Palangpangan #as inanother 2ity and her home #as then
occupied by her son3in3la# and his family, 4o one #as in the room #hen the accused fired the
shots, 4o one #as hit by the gun fire, Petitioner and his companions #ere positi!ely identified by
#itnesses, )ne #itness testified that before the fi!e men left the premises, they shouted1 56e
#ill *ill you .the #itness/ and especially +ernardina Palangpangan and #e #illcome bac* if .sic/
you #ere not in7ured5,
ISSUE:
6)4 Intod is guilty of attempted murder since it is an impossible crime under rt, 4 .8/
HELD:
YES, the petitioner is guilty of an impossible crime as defined and penali(ed in article 4, paragraph 8,
and 99 of the :e!ised Penal 2ode, respecti!ely, Petition is hereby ;:4T<", the decision of respondent
2ourt of ppeals holding Petitioner guilty of ttempted $urder is hereby $)"IFI<", -a!ing in mind the
social danger and degree of criminality sho#n by the petitioner, the court sentences him to suffer the penalty of
si= .>/ months of arresto mayor, together #ith the accessory penalties pro!ided by the la#, and to pay the
costs,
Art. 4(2). CRIMINAL RESPONSIBILITY. ? 2riminal :esponsibility shall be incurred1
+y any person performing an act #hich #ould be an offense against persons or property, #ere it not for the
inherent impossibility of its accomplishment or on account of the employment of inade@uate or ineffectual
means,
Petitioner contends that, Palangpangan%s absence from her room on the night he and his companions riddled it
#ith bullets made the crime inherently impossible,
A The :e!ised Penal 2ode, inspired by the Positi!ist School, recogni(es in the offender his formidability to
punish criminal tendencies in rt, 4.8/
A 'egal impossibility occurs #here the intended acts, e!en if completed, #ould not amount to a crime
A 'egal impossibility #ould apply to those circumstances #here
1, the moti!e, desire and e=pectation is to perform an act in !iolation of the la#
8, there is intention to perform the physical act
B, there is a performance of the intended physical act
4, the conse@uence resulting from the intended act does not amount to a crime,
Factual impossibility occurs #hen e=traneous circumstances un*no#n to the actor or beyond his
control pre!ent the consummation of the intended crime C this case
o <=1 man #ho puts his hand in the coat poc*et of another #ith the intention to steal the latter%s
#allet and finds the poc*et empty
Dnited States1 #here the offense sought to be committed is factually impossible or accomplishment 3
attempt to commit a crimeE legally impossible of accomplishment 3 cannot be held liable for any crime
PEOPLE VS. SALADINO
G.R. Nos. 137481-83 & 138455. March 7, 2001
Ponente: Justice !e""osi""o, ##1
FACTS:
'ourdes :ele!o is the niece of accused3appellant 2onrado Saladino, -er mother and
2onrado%s #ife :osita are sisters, In 1999 'ourdes, then thirteen .1B/ years old, #as sent by her
parents to $anila to li!e #ith 2onrado and :osita Saladino in Pasig 2ity because her o#n
parents could not afford to send her to school, Saldinos li!ed in a t#o3storey house in :osario,
Pasig #ith spouses Faldy and 2ora(on 2edeGo #ith three children and three boarders, There
#ere three rooms separated only by curtains, The Saladinos slept on a bed #hile 'ourdes slept on
a mattress on the floor, September 1999 at about 10100 oHcloc* in the e!ening #hile 'ourdes
#as lying on her mattress resting and feeling sic*, 2onrado #o*e her up and as*ed her to transfer
to the bed as she might catch cold, :osita #as already dressed up because she #as #or*ing in
the 10100 oHcloc* P$ to >100 oHcloc* $ shift, 2onrado conducted :osita to the 7eepney stop
and returned to their room about fifteen minutes later, -e laid do#n beside 'ourdes, bout
t#enty3fi!e minutes later, he started fondling her breasts, -e po*ed a *itchen *nife at her #aist
and threatened to *ill her if she shouted, -e dropped the *nife, pinned do#n 'ourdesH hands to
her belly, and remo!ed her shorts and under#ear #ith his hand that #as free, -e then remo!ed
his o#n shorts and under#ear, #ent on top of 'ourdes, and inserted his penis inside her !agina,
'ourdes struggled and 2onradoHs penis slipped out se!eral times, but he re3inserted it e!ery time
and resumed his bestial mo!ements for about fifty minutes according to 'ourdes, 6hen she
finally succeeded in pushing him a#ay, he #arned her not to tell anyone or else he #ould *ill
her, 'ourdes confided the se=ual assault to :osita, but :osita refused to belie!e her and e!en said
that her husband #as not capable of doing such a dastardly act, 'ourdes also told 2ora(on
2edeGo #ho reacted by as*ing the Saladinos to lea!e the house, It too* the Saladinos almost a
year to find a house, 'ourdes did not tell her mother, #ho #as in +atangas, about the rape, fter
some time, :osita in!ited 'ourdes to li!e #ith them in their ne# house, :osita assured her that
the incident #ould not happen again because they had a boarder, 6anting to finish her
schooling and in need of money, 'ourdes relented and mo!ed in #ith the Saladinos again,
"espite :ositaHs assurances, things did not turn out #ell for 'ourdes, )n 17 "ecember 199> at
about 7100 oHcloc* in the morning, #hile 'ourdes #as sleeping in the li!ing room, 2onrado
again held her at *nifepoint and threatened her into silence, -e remo!ed her shorts and panties,
then his o#n shorts and under#ear and had forced intercourse #ith her, gain, she cried and
struggled but her efforts #ere in !ain, 'ourdes told :osita about the ne# incident but :osita, as
in the past, refused to belie!e her, She turned to 2ora(on #ho ad!ised her to #ait for her
mother, #ho #as spending 2hristmas in $anila, before going to the police, )n 1 January 1997
'ourdes, 2onrado and :osita returned to $anila, The follo#ing day at 7100 o%cloc* in the
morning 2onrado again raped 'ourdes at *nifepoint, )n B January 1997 at about the same time
the day before, he again po*ed a *nife at her and proceeded to remo!e her shorts and panties and
attempted to insert his penis into her !agina, This time, #hen 'ourdes sa# him let go of the
*nife, she freed herself from his grasp and *ic*ed him, Then she ran to the bathroom and stayed
there until he left the house, 'ourdes pac*ed her clothes and #ent to 2ora(on 2edeGosH house,
Finally, she gathered enough strength to tell her mother about the se=ual abuses, #hich prompted
<lena to fetch her and ta*e her home to +atangas, <lena had 'ourdes e=amined by a doctor, #ho
confirmed that 'ourdes #as no longer a !irgin, They then filed a case #ith the Pasig 2ity
ProsecutorHs office, 'ourdes under#ent another physical e=amination at the P4P 2rime
'aboratory in 2amp 2rame, The e=amination by "r, :omeo Salen, $edico3'egal )fficer,
re!ealed that 'ourdes had deep healed lacerations at B100 oHcloc* and 9100 oHcloc* positions,
"r, Salen concluded that 'ourdes #as already in a non3!irgin state physically,
ISSUE:
6)4 Saladino #as guilty of three (3) counts of rape and one (1) attempted
rape and #as liable for an impossible crime,
HELD:
YES, the "ecision of the trial court is $)"IFI<" as follo#s1
1, In 2rim, 2ases 4os, 1184103- .;,:, 4o, 1B74I1/, 1184113- .;,:, 4o, 1B74I8/ and 1184183-
.;,:, 4o, 1B74IB/ accused3appellant 2onrado Saladino y "ingle is found guilty of three .B/ counts of
Simple :ape and sentenced to suffer the penalty of reclusion perpetu for each count, -e is also ordered
to pay pri!ate complainant 'ourdes :ele!o P90,000,00 for ci!il indemnity, another P90,000,00 for moral
damages and PB0,000,00 for e=emplary damages, for each count of rape,
8, In 2rim, 2ase 4o, 11841B3- .;,:, 4o, 1BI499/, accused3appellant 2onrado Saladino y "ingle is
found guilty of ttempted :ape and is sentenced to ten .10/ months and t#enty .80/ days of prision
correccionl minimum as minimum, to eight .I/ years, four .4/ months and ten .10/ days of prision
!"or medium as ma=imum, The accused3appellant is further ordered to pay pri!ate complainant
'ourdes :ele!o moral damages of P19,000,00,