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People vs Lopez

GR No. 119380 August 19, 1999


Plaintiff-appelle: People of the Philippines
Accused-appellant: Federico Lopez, Amboy Lopez
Provisions
Art 6 (3) of Revised Penal Code
There is an attempt when the offender commences the commission of a felony directly by overt acts, and does
not perform all the acts of the execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
Facts

Mario Seldera, Rogelio Seldera and Rodolfo Padapat were walking home from working in a riceland in
Pangasinan when Federico Amboy Lopez (accused-appellant) appeared, armed with a shotgun, and fired at
the three.

Lopezs unidentified companion checked whether the victims were dead then left the scene with Lopez

Mario Seldera, though wounded, was not killed. He ran to the house of his uncle Alfredo Padapat. Together
with his uncle and mother, the three reported the incident to the baranggay captain and to the police

Mario positively identified Lopez as the assailant, claiming that he knew the latter very well because he
frequented their house to play cards with his father and that he used to buy cigarettes from Lopezs store

Lopezs defense was alibi. He claimed that he was drinking and eating dog meat at a party the night of the
murder.

Issue
WoN the injuries done with respect to Mario Seldera qualifies as frustrated homicide
Held
NO. The conviction should have been murder. There was intent to kill and treachery in the attack, not only in the
shooting of Rogelio and Rodolfo but also of Mario. The crime however was not frustrated, only attempted murder.
The injuries sustained by Mario Seldera were not life threatening. He was not confined in a hospital, and the attending
physician even certified that his injuries would heal in 7 days. Thus, accused-appellant failed to perform all the acts of
execution which would have produced the crime of murder.