MODULE 4 Flashcards
PEOPLE V. LAMAHANG
opening in the wall, attempted robbery to attempted trespass to dwelling
PEOPLE V. DIO
wrist watch, robbery with homicide to attempted robbery with homicide
PEOPLE V. TRINIDAD
fish vendor, jeepney fight scene, frustrated murder to attempted murder
Doctrine:
frustrated murder - wound is fatal
attempted murder - wound is NOT fatal
PEOPLE V. CAMPUHAN
helper, “ayoko nga!”, statutory rape to attempted rape
Doctrine:
consummated rape - there was penetration
attempted rape - there was NO penetration
RIVERA V. PEOPLE
parietal area, hollow block, frustrated murder to attempted murder
Doctrine:
When there’s intent to kill but the wound is not fatal, it is attempted murder.
Elements of attempted felony:
1. offender commences the commission
a. there are external acts
b. external acts have direct connection to the crime intended
2. He does NOT perform all the acts of execution
3. NOT stopped by his own spontaneous desistance
4. Non-performance was due to cause or accident other than his own spontaneous desistance
VELASCO V. PEOPLE
tricycle, owner-type jeep, attempted homicide? no, attempted murder
BALEROS V. PEOPLE
chemical-soaked cloth, attempted rape to light coercion
Doctrine:
For attempted rape, accused must have commenced the act of penetration
PEOPLE V. PADDAYUMAN
post-wedding prep inuman, stabbing, attempted homicide
Doctrine:
If there’s uncertainty over the extent of the wound (fatal or not), uncertainty must be ruled in favor of the accused.
PEOPLE V. LIZADA
eldest daughter from previous marriage, brother arrived, 4 qualified rape to 3 simple rape + 1 attempted rape
PEOPLE V. GAJETAS
break-in, hug, attempted rape w/ homicide
Doctrine:
The connection of the overt act and the crime intended could be established by proof of criminal objective.
RAIT V. PEOPLE
went to buy cigarettes, cited Baleros v. People, attempted rape
PEOPLE V. BENDECIO Y VIEJO
aberattio ictus, sister and Jonabel, attempted murder with murder
CASILAC V. PEOPLE
motorcycle, Ramil and Ryn Louie, murder w/ serious physical injuries to murder w/ attempted murder
LUTAO V. PEOPLE
tickled vagina, attempted rape to acts of lasciviousness
YAP V. PEOPLE
rolling pin, attempted murder to slight physical injuries
PEOPLE V. ORITA
mount, slight penetration, frustrated rape to rape
PEOPLE V. LISTERIO
lead pipes, murder w/ attempted homicide to murder w/ frustrated homicide
Doctrine:
What distinguishes attempted from frustrated is NOT the extent of the injuries but whether or not the subjective phase has been passed
- if stopped by reason other than spontaneous desistance, attempted
- if NOT stopped, frustrated
PEOPLE V. ANGELES Y GUARIN
eve of the wedding, brothers, tricycle, triple kill
Aberlardo - murder
Eric (non-fatal wound) - attempted murder
Mark Ryan (fatal but had medical intervention) - frustrated murder
QUIJANO V. PEOPLE
doctor was absent, lack of evidence, frustrated murder to attempted murder
US V. ADIAO
belt, customs inspector, frustrated theft to theft
PEOPLE V. HERNANDEZ
rape of step-granddaughter, 70-year-old, intact hymen, frustrated rape to rape
VALENZUELA V. PEOPLE
tide ultramatic, frustrated theft to consummated theft
PEOPLE V. AGAN
hold-up, can’t stay hard, robbery w/ attempted rape to robbery w/ rape
