G.R. No. 43495 People v. Honrada (Christina Aniceto) 7. Upon the examination of Dr.
Upon the examination of Dr. Lesaca, he was found to have the following
September 14, 1935 | Vickers | Stages of execution (Art. 6), Frustrated
Plaintiff-appellee: The People of the Philippine Islands
Defendant-appellant: Marcelo Honrada
SUMMARY:
Gregorio Estandarte was walking along the roads of General Trias when he was
suddenly and without warning stabbed by Marcelo Honrada. The victim
unsuccessfully defended himself with a riding whip and in total, incurred five
wounds, including one on the abdomen penetrating the liver, which was mortal. He
was brought to the hospital by men who responded to the cries of the eyewitness
Ballecer and was able to leave after three weeks.
DOCTRINE:
The requisites of frustrated felony are:
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a
consequence;
3. But the felony is not produced;
4. By reason of causes independent of the will of the perpetrator.
FACTS:
1. The victim, Gregorio Estandarte, was walking along the road in the
municipality of General Trias at about 4 o’clock in the afternoon of July 1,
1934.
2. He was suddenly and without warning, stabbed twice in the back, and when
he looked around, he saw the defendant with a long fan knife in his hand.
3. Estandarte tried to defend himself with the riding whip he was carrying.
Defendant Honrada then stabbed him in the abdomen. After Estandarte fell
on his back in a ditch on the side of the road, the defendant continued the
attack and stabbed the victim two more times: one in the chest, and another
under the breastbone.
4. Maxima Ballecer was walking towards the house of Rosari which was near
the scene of the crime and saw the attack. Tagle, Pedro Ballecer, and
Leonardo Figueroa heard her cries and went to the scene of the crime.
5. When the defendant saw the three men approaching, he ran away.
6. Pedro Ballecer took the wounded man to the población where he was given
first aid. The victim was then transferred to the Philippine General Hospital.
wounds:
a. A stabbed wound under the breastbone;
b. A stabbed wound penetrating the liver;
c. An incised wound in the right lumbar region and another in the
left lumbar region; and
d. An incised wound on the nose.
8. He was also suffering from shock and anemia.
9. Because of the wound penetrating the liver, he was promptly operated
upon, and was able to leave the hospital after three weeks.
10. The motive is not clear. However, a week before the incident,
Estandarte, in trying to separate two men who were fighting, struck
Hilario Honrada, the defendant’s father. Hilario Honrada threatened
Estandarte and said his time would come.
11. The argument of self-defense was rejected. The defense contended
Honrada was attacked by Estandarte with a blackjack1; that the
defendant ran away after he received two blows and was pursued by
Estandarte and his companions, Figueroa, Tagle and Loren. The
defense argued that the stab wounds were only made in self-defense
after Estandarte struck him several times with a blackjack. They further
claim that that the two wounds incurred by Estandarte on his back were
a consequence of his falling on the ground after a struggle between the
two happened. It appears that the blackjack was only a riding whip.
12. However, Honrada stabbing Estandarte twice on the back was further
corroborated by the statement of Maxima Ballecer
ISSUE/S:
1. W/N Honrada was properly charged and found guilty of frustrated
murder qualified by treachery. - YES
RATIO:
On whether Honrada was properly charged and found guilty of frustrated
murder qualified by treachery, and not acquitted on self-defense.
2. Art. 6(2) states, “A felony is consummated when all the elements
necessary for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which,
1
A blackjack is a short, easily concealable club. It is similar to the baton
used by law enforcement agents.
1
 nevertheless, do not produce it by reason of causes independent of and one day. The appellant is therefore sentenced to suffer an
the will of the perpetrator. indeterminate sentence ranging from four years, two months, and one day
3. All the requisites of frustrated murder are present as can be gleaned from of prision correccional to ten years and one day of prision mayor. As thus
modified, the decision appealed from is affirmed, with the costs against the
the facts of the case. The requisites of frustrated felony are:
appellant.
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a NOTES ON THE PENALTY:
consequence; The penalty imposed by the lower court is not in accordance with the law. Murder
3. But the felony is not produced; is punished by reclusion temporal in its maximum period to death, and in
4. By reason of causes independent of the will of the perpetrator. accordance with article 50 the penalty for frustrated murder is one degree lower,
4. The intent to kill Estandarte could be drawn from the fact that Honrada or prision mayor in its maximum period to reclusion temporal in its medium period.
The minimum period of this penalty is from ten years and one day to twelve years
succeeded in inflicting a mortal wound that penetrated the liver of
of prision mayor. It is true that article 250 of the Revised Penal Code provides that
Estandarte. the courts, in view of the facts of the case, may impose upon the person guilty of
5. The subjective phase is that portion of the acts constituting the crime, the frustrated crime of parricide, murder or homicide a penalty lower by one
starting from the point where the offender begins the commission of the degree than that which should be imposed under the provisions of article 50, but
crime to that point where he has still control over his acts, including the acts’ there exists in this case no special reason for applying article 250.
natural course.
1. The subjective phase in this case began from the first stab wound
inflicted on the back of Estandarte until the last stab under the
breastbone. It must be noted that the mortal wound penetrating the
liver, was followed by two more consequent stabs. The mortal
wound that established Honrada’s intent to kill Estandarte was
performed within the subjective phase of the crime. Honrada was
able to perform the last act of murder (inflicting the mortal
wound), but the crime was not produced.
6. The crime was not produced because there is an intervention foreign or
extraneous cause or agency that is the medical treatment. Absent this
intervention, the mortal wound inflicted would have resulted in the death of
the victim.
7. Defendant Honrada performed all the acts which would produce the
death of the victim Estandarte as a consequence, but which,
nevertheless did not produce it by reason or causes independent of
the will of the accused, such as the prompt and skillful medical
intervention received by the victim.
8. Thus, the offense committed by the defendant was frustrated murder.

DISPOSITION:

In accordance with the Indeterminate Sentence Law the minimum penalty to be

served by the defendant was correctly fixed at four years, two months,