People v.

Caballero (2003)
Facts:
In 1994, Arnold Barcuma saw the Caballero borthers Armando, Ricardo, Marciano, Jr. and Robito
assaulting and stabbing his friend, Eugene Tayactac. Eugene just had dinner, while the Canallero brothers just
had their drinking spree. Arnold rushed to the scene to pacify the protagonists. He asked them what is the
trouble them and Eugene. However, Ricardo accosted Arnold and stabbed the latter on the left side of his
body. Forthwith, Robito, Marciano, Jr. and Armando ganged up on Arnold. Two of them stabbed Arnold on his
forearm. Arnold fled for his life and hid under the house of a neighbor. Another innocent neighbor Leonilo was
stabbed in the chest by Robito. The commotion stopped only upon the arrival of Teresito Mondragon who was
able to pacify the Caballero brothers. They all returned to the compound. In the meantime, Lucio Broce, the
uncle of Leonilo brought the injured Eugene, Leonilo and Arnold to the Planters Hospital for medical
treatment. Eugene and Leonilo eventually died from the stab wounds they sustained.
Issue:
Whether or not the Caballero brothers are guilty of Frustrated Murder against Arnold
Ruling:
Yes. A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator. The subjective phase in the commission of a crime is that portion of the acts
constituting the crime included between the act which begins the commission of the crime and the last act
performed by the offender which, with prior acts, should result in the consummated crime. Thereafter, the
phase is objective.
A crime is frustrated when the offender has performed all the acts of execution which should result in
the consummation of the crime. The offender has passed the subjective phase in the commission of the crime.
Subjectively, the crime is complete. Nothing interrupted the offender while passing through the subjective
phase. He did all that is necessary to consummate the crime. However, the crime is not consummated by
reason of the intervention of causes independent of the will of the offender.
It cannot be denied that the appellants had the intention to kill Arnold. The appellants performed all
the acts of execution but the crime was not consummated because of the timely medical intervention.
Treachery attended the stabbing of Arnold because he was unarmed and the attack on him was swift and
sudden. He had no means and there was no time for him to defend himself. In sum, the appellants are guilty
of frustrated murder.