G.R. NO.

157057 June 26, 2007

LEONIDAS EPIFANIO Y LAZARO, Petitioner,

vs.

PEOPLE OF THE PHILIPPINES, Respondent.

Facts:

At around 9:00 in the evening of August 15, 1990, Crisaldo Alberto and his cousin Allan Perez were
walking back home.

(A) On the way home, Crisaldo felt a piercing thrust of a bladed weapon on his back, and turned
around.
(B) He saw his attacker, who was Iyo (Uncle) Kingkoy, and proceeded to stab him again, hitting his
left arm.
(C) Allan heard Crisaldo’s cry and rushed to him, asked the petitioner why did he stab Crisaldo,
which caused him to run away.
(D) The Victim was brought to his fathers house where his wounds were wrapped, then brought to
Peñaplata Hospital to be given first aid then to Davao Medical Center where he stayed for 3
weeks to recover from his wounds.
(E) The petitioner was convicted of Frustrated murder and sentenced to imprisonment and to pay
damages.

The case is that the petitioner filed for reconsideration as he contends that there is no evidence to the
fatality of the wounds inflicted upon the victim.

Issue:
Whether or not the accused was guilty of frustrated murder.

Ruling:

No. Even if the intent to kill was evident and established beyond reasonable doubt, the petitioner failed
to perform all the acts of execution. As is the concept of frustrated murder, it requires that the offender
performed all acts of execution which would have resulted in the conssummation of the crime.

In this case however, the petitioner, while he did have the means to continue his assault on the victim,
ran away when the victim’s cousin rushed to help and recognized the petitioner. Also in regards to the
nature of the wounds inflicted, although not a determining factor as to defining a frustrated or
attempted felony, needs testimonial evidence to ascertain the degree of injury sustained.

As such, there is no evidence to prove that the victim’s wounds would have been fatal had they not
been timely treated.

The Court decided to modify the initial effect and the petitioner is found GUILTY of ATTEMPTED
MURDER and is sentenced to suffer an indeterminate imprisonment of 2 years and 4 months of prision
correccional, as minimum, and 8 years of prision mayor, as maximum together with the accessory
penalties provided by law; and petitioner is ordered to indemnify Crisaldo Alberto the sum of ₱6,000.00
as temperate damages, and costs.