People of the Philippines vs Leon Castillo et al, CA-No.

227

FACTS
Defendant-appellant Nena Tanalega Raymundo was accused of the crime of
frustrated homicide by poisoning through reckless imprudence. Dr. Leon Castillo
and Mrs. Nena Tanalega Raymundo prepare and dispense a prescription but
instead of mixing the required proportion of Spartein Sulphate, through
carelessness they mixed and compounded in the formula a toxic dose of Strychnine
Sulphate, which is a poisonous substance, and as a result of such carelessness and
imprudence, Mr. Belarmino, upon taking one capsule of the medicine on the very
same day, was poisoned and would have died.

ISSUE
Are the accused guilty for the crime charged in the information

DECISION
NO. The conviction is untenable on the ground that the offense of frustrated
homicide requires the concurrence of the essential requisite of intent to kill, which
is incompatible with the charge of reckless imprudence; although a charge for
physical injuries, serious or less serious, through reckless imprudence, is legally
proper under the law; as in that case the act sought to be punished is the material
damage or injury actually done.
Defendant and appellant Nena Tanalega Raymundo is found guilty in
violation of the provisions of section 751 of the Revised Administrative Code; and,
in accordance with the provisions of section 2676 thereof.