You are on page 1of 2


Facts: Harry H. Mooney, an American resident of Calubian, Leyte, entered into a contract with Juan Lawaan for the construction of a fish cage. Basilio Borinaga is associated with Lawaan in the said project. Mar. 4, 1929 (day) -- Lawaan, with some of his men, went to Mooney's shop and tried to collect from him the whole amount fixed for the entire project, regardless of the fact that only about 2/3 of the fish corral had been finished. Mooney refused to pay, and Lawaan warned him that if he did not pay, "something would happen to him." Borinaga had earlier been heard to tell a companion that he will stab Mooney. Mar. 4, 1929 (evening) -- Mooney was in the company of his neighbor, Perpetua Najarro. He was seated on a chair with his back towards the window of Najarro's store. Najarro saw Borinaga approaching the store window, and Borinaga struck at Mooney with a knife, but his knife landed on the back of Mooney's chair. Mooney fell, but was not injured. Borinaga returned to the store with his knife in his hand, but was unable to strike at Mooney since the latter and Najarro shone a flashlight in his direction; Borinaga ran away. Later, Borinaga was overheard stating that he had missed his chance to stab Mooney and even apologized to his friends regarding the matter. Borinaga was charged in the CFI of Leyte for the crime of frustrated murder. Issue: W/N the facts constitute frustrated murder or attempted murder.

Held: The crime committed was that of frustrated murder. The essential condition of a frustrated crime is that the author should perform all acts of the execution, and this was present in the attack. Nothing remained to be done to accomplish the work of the assailant completely.

Facts: Appellant Marcelo Kalalo (cousin of the deceased Marcelino Panaligan) and Isabela Holgado (sister of the deceased Arcadio Holgado) had a litigation over a parcel of land in Calumpang, San Luis, Batangas. Marcelo Kalalo cultivated the said land during the agricultural years 1931 and 1932, but when harvest time came it as Isabela Holgado who took all that had been planted. Oct. 1, 1932 -- Isabela and Arcadio Holgado ordered several laborers to have the said land plowed.

Marcelo Kalalo found out about this and went to the land with his brothers Felipe and Juan Kalalo, Gregorio Ramos, etc., armed with bolos. Upon their arrival, they ordered those who were plowing to stop what they were doing, and the laborers followed the order. Marcelino Panaligan arrives, and tells the laborers to continue with their work. Marcelo Kalalo approached Arcadio Holgado, while Felipe and Juan Kalalo and Gregorio Ramos all approached Marcelino Panaligan. Fausta Abrenica, mother of the Kalalos, then remarked, "What is detaining you?" and they all simultaneously struck with their bolos, with Marcelo Kalalo slashing Arcadio Holgado, and Felipe and Juan Kalalo along with Gregorio Ramos slashed Marcelino Panaligan. Arcadio and Marcelino died instantly. Marcelo Kalalo then took Marcelino Panaligan's revolver from a holster on the latter's belt, and fired four shots at Hilarion Holgado who was fleeing from the scene in order to save his own life. Felipe and Juan Kalalo and Gregorio Ramos were not arrested until after several days after the incident took place, because they had been hiding in order to avoid arrest. W/N the appellants are guilty of murder or of simple homicide in the of both Marcelino Panaligan and Arcadio Holgado; W/N the appellant Marcelo Kalalo is guilty of attempted homicide in the attempt to shoot Hilarion Holgado.

Issue: killing

Held: Regarding the first issue -- The Attorney-General maintains that they are guilty of murder in view of the presence of the qualifying circumstance of abuse of superior strength, while the trial court held that they are guilty of simple homicide but with the aggravating circumstance of abuse of superior strength. Under the RPC, the circumstance of "abuse of superior strength," if proven to have been present, raises homicide to the category of murder. The Supreme Court does not agree that there was the circumstance of "abuse of superior strength" in the said case, because the deceased were also armed--Arcadio had a bolo, while Marcelino had a revolver. The risk was even for the contending parties and their strength was almost balanced because there is no doubt that a revolver is as effective as, if not more so, than three bolos. Appellants are pronounced guilty of homicide. Regarding the second issue -- Marcelo Kalalo, not having contented himself with firing only once, fired four successive shots at Hilarion Holgado. This shows that he was bent on killing the latter. The acts of Marcelo Kalalo constitute attempted homicide with no modifying circumstance