People vs Anastasio Dagman, et al., G.R. No.

L-23133  August 20, 1925

Facts: Elias Magbual, in an employee of hacienda La Ezperanza, while performing his duty, he was
treacherous attacked by a crowd of person, probably about 40 in number and was nearly killed. The
motive of the crime was that the persons who harbored enmity against the Magbual had previously
been dispossessed of portions of the land by judicial order. Dagman thrown a stone towards Magbual
who was hit in the breast, and knocked him down, then attacked by Pacunla and other persons using by
bolo, luckily Magbual escaped his attacker.

Later, Anastasio and others co-accused arrested and convicted by the lower court for the crime of
frustrated murder.

Issue: Whether or not Anastasio et al., are guilty of frustrated murder?

Held Yes. The murder should be regarded as frustrated murder because the offenders performed all of
the acts of execution which should precede the felony as consequence but which, nevertheless, did not
produce it by reason of causes independent of the will of perpetrators; in this instance, the playing
possum by Magbual. Art. 3 (2) of the Penal Code, provide that there was an intent upon the part of the
assailants to take the life of the person attacked, which intent may be gathered from circumstances
surrounding attack.