United States vs Eduave 36 phil.

209 Facts: The accused was living with the victim as the querido of her mother, as such at the time of the crime was committed. The accused rushed upon the girl suddenly and struck her from behind, in part at least, with a sharp bolo, producing a frightful gash in the lumber region and slightly to the side eight and one-half inches long and two inches deep, severing all of the muscles and tissues of that part. The accused stated that he was incensed at the girl because he was falsely charged of raped and the cause of her pregnancy. The accused is guilty of frustrated murder by the court of first instance of Misamis. Issue: Whether or not the accused is guilty of murder Whether or not the felony committed is frustrated and not attempted Ruling: The judgment was affirmed by the appellate court, because of the circumstances of alevosia, sudden attack from the rear constitutes treachery The case is clearly a frustrated murder, the offender perform all the acts of execution which should produce the felony as what is stated in the art. 3 of penal code. There was no intervention of a foreign or extraneous cause or agency between the beginning of the commission of the crime and the moment when all of the acts have been performed which result in the consummated crime, the subjective phase was already complete.