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People Vs Borinaga
People Vs Borinaga
Borinaga
Facts:
The victim Harry Mooney, an American who resided in Calubian Leyte, contracted with
Juan Lawaan for the construction of a fish corral. Lawaan attempted to collect the
whole amount of the contract even though the corral is not yet finished. Upon
Mooney‘s refusal to pay, Lawaan warned and threatened him that something would
happen to him.
On that evening, Mooney was in the store of his neighbor, sitting with his back
towards a window when suddenly Basilio Borinaga struck him with a knife. The knife
imbedded on the back of the seat though. Mooney fell off from the impact but was
not injured. Borinaga left the scene but after ten minutes, he returned to have
another attempt at Mooney but was warded off by Mooney and his neighbor frightening
him by turning a flashlight on him.
Issue:
Whether or not the crime is frustrated murder.
Held:
YES. As an essential condition of a frustrated crime, Borinaga performed all the
acts of execution, attending the attack. There was nothing left that he could do
further to accomplish the work. The cause resulting in the failure of the attack
arose by reason of forces independent of his will. Borinaga also voluntarily
desisted from further acts. The subjective phase of the criminal act was passed.