STAGES OF EXECUTION

Frustrated Felony
causing a wound in the peritonial cavity, serious enough
to have produced death.
c. People vs. David, 60 Phil. 93, where the accused in firing
his revolver at the offended party hit him in the upper side
of the body, piercing it from side to side and perforating the
lungs. The victim was saved due to adequate and timely
intervention of medical science.
In the following cases, the stage of execution was held to
be attempted, because there was no wound inflicted or the
wound inflicted was not mortal.
a. U.S. vs. Bien, 20 Phil. 354, where the accused threw a
Chinaman into the deep water, and as the Chinaman did
not know how to swim, he made efforts to keep himself afloat
and seized the gunwale of the boat, but the accused tried to
loosen the hold of the victim with the oar. The accused was
prevented from striking the latter by other persons. Since the
accused had the intent to kill the offended party, the former
actually committed attempted homicide against the latter.
b. People vs. Kalalo, et al., 59 Phil. 715, where the accused
fired four successive shots at the offended party while the
latter was fleeing to escape from his assailants and save his
own life. Not having hit the offended party, either because
of his poor aim or because his intended victim succeeded
in dodging the shots, the accused failed to perform all
the acts of execution by reason of a cause other than his
spontaneous desistance.
Even if no wound was inflicted, the assailant may
be convicted of attempted homicide, provided he had the
intent to kill the offended party. (People vs. Aban, CA-G.R.
No. 10344-R, November 30, 1954)
c. People vs. Domingo, CA-G.R. No. 14222-R, April 11,1956,
where two physicians called to the witness stand by the
prosecution could not agree that the wounds inflicted upon
the complainant would cause death. One of them, Dr.
Rotea, testified that the wounds were not serious enough
to produce death even if no medical assistance had been
given to the offended party.