People v Dagman

G.R No. L-23133 | August 20, 1925

Facts
On May 2, 1924, Elias Magbual, an employee of hacienda La Esperanza, was attacked by about
40 people, whom 7 persons were identified. Allegedly, the motive of the attack was when the
defendants were deprived of portions of the land by judicial order.

Issue
Whether or not the felony committed was frustrated murder.

Ruling
Yes, the crime committed was frustrated murder.
According to the case of US vs. Lim San, attempted is defined as when the perpetrator
involuntary desists from performing the acts necessary to consummate the crime, while
frustrated is when the perpetrator believes that he performed all acts necessary to the
consummation of the crime.
In this case, the crime committed is frustrated murder because the perpetrators believed that
the crime was consummated when the victim feigned death. Also, the crime committed was
murder because the victim was unable to defend himself due to the planned attack. These acts
are qualifying circumstances of treachery and premeditation in the crime of murder and the
non-accomplishment for reasons independent from the perpetrators’ will constitutes the crime
of frustrated murder.