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Case Digest GR 103119

The petitioner seeks to modify his judgment of attempted murder, claiming it was an impossible crime. He and companions fired shots at a woman's room, but she was not there. The Court of Appeals ruled the petitioner guilty of attempted murder under Article 4, paragraph 2, as his actions would constitute an offense against a person if not for the factual impossibility of the woman being in the room. The court modified the sentence to six months of arresto mayor and accessory penalties.

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Shiela Maquiling
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99 views

Case Digest GR 103119

The petitioner seeks to modify his judgment of attempted murder, claiming it was an impossible crime. He and companions fired shots at a woman's room, but she was not there. The Court of Appeals ruled the petitioner guilty of attempted murder under Article 4, paragraph 2, as his actions would constitute an offense against a person if not for the factual impossibility of the woman being in the room. The court modified the sentence to six months of arresto mayor and accessory penalties.

Uploaded by

Shiela Maquiling
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case: SULPICIO INTOD vs HONORABLE COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES Issue:

l GR 103119 The petitioner seeks a modification of judgment by holding him only


Date: October 21, 1992 l Potente: Campos, Jr. J.: liable to Impossible Crime—that Palangpangan’s absence from her
Topic: Impossible Crime
room on the night, he and his companion riddled it with bullets made
Subtopic: Offense Against Person
Digested by: Shiela Maquiling
the crime inherently impossible.
Doctrine:  Whether or not the petitioner is guilty to attempted murder which
Art 4 (2) Criminal Liability- By any person performing an act which would be an made it to Impossible Crime
offense against person or property, were it not for the inherent impossibility of its Ruling:
accomplishment or an account of the employment of inadequate or ineffectual  Yes, as defined in the Article 4, paragraph 2, by any person performing
means. an act which would be offense against person or property, were it not
Legal Impossibility- Defense to a charge of attempt: it arises when a defendant completes all for the inherent impossibility of its accomplishment, the petitioners
his intended acts, but the sum of his acts does not constitute a crime. The legal impossibility claim associates to this statement as stated on the facts given though it
occues when intended acts even if completed would not amount to a crime: constitutes an attempt, however, no harm came to Palangpangan and
 The motive, desire and expectation are to perform an act in violation of the law. causes factual impossibility of producing the crime. Thus leads the
 There is intention to perform the physical act. decision of the Court of Appeals, GRANTED the petition, holding the
 There is a performance of the intended physical act. petitioner guilty of Attempted murder is hereby MODIFIED. The court
 The consequence resulting from the intended act does not amount to crime.
sentences him to suffer the penalty of six (6) months of arresto mayor,
Factual Impossibility- the defendant cannot complete the crime because the facts are not as
together with the accessory penalties provided by the law, and to pay the
the defendant believes them to be; it occurs when extraneous circumstances unknown to the
actor or beyond his control prevent the consummation of the intended crime. costs.

FACT:
 February 4, 1979- Sulpicio Intod, Jorge Pangasian, Santos Tubio and
Avelino Daligdig went to Salvador Mandaya’s house in Katugasan, Lopez
Jaena, Misamis Occidental and asked him to go with them to the house of
Bemardina Palangpangan.
 Intod, Pangasian, Tubio, Daligdig and Mandaya had a meeting with
Aniceto Dumalagan. He told mandaya to kill Palangpangan because of
the land dispute between them and Mandaya should accompany the 4.
 At 10’oclock in the same evening, the suspects arrived at Palangpangan’s
house and Mandaya pointed supposedly victim’s room.
 Intod, Pangasian, Tubio and Daligdig fired at her room, however,
Palangpangan was in another city and her home was occupied by his son-
in-law and his family. No one was in the room when the accused fired
the shots. No one was hit by the gunfire.
 The petitioner and his companion were identified by witnesses.

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