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22) Intad Vs CA
22) Intad Vs CA
CA
G.R. No. 103119 October 21, 1992
Lessons Applicable:
Laws Applicable:
FACTS:
• February 4, 1979: Sulpicio Intod, Jorge Pangasian, Santos Tubio and Avelino Daligdig went to
Salvador Mandaya's house and asked him to go with them to the house ofBernardina Palangpangan.
Thereafter, they had a meeting with Aniceto Dumalagan who told Mandaya that he wanted Palangpangan
to be killed because of a land dispute between them and that Mandaya should accompany them.
Otherwise, he would also be killed.
• February 4, 1979 10:00 pm: All of them armed arrived at Palangpangan's house and fired at
Palangpangan's bedroom but there was no one in the room.
• RTC: convicted Intod of attempted murder based on the testimony of the witness
ISSUE: W/N Intod is guilty attempted murder since it is an impossible crime under Art. 4 (2)
HELD: YES. petition is hereby GRANTED, the decision of respondent Court of Appeals holding Petitioner
guilty of Attempted Murder is hereby MODIFIED. sentences him to suffer the penalty of six (6) months
of arresto mayor, together with the accessory penalties provided by the law, and to pay the costs
• United States: where the offense sought to be committed is factually impossible or accomplishment -
attempt to commit a crime; legally impossible of accomplishment - cannot be held liable for any crime
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