Case Digest (G.R. No. 43530) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The People of the Philippine Islands vs. Aurelio Lamahang, decided on August 3, 1935 under the 1935 Constitution, the respondent Aurelio Lamahang was arrested at dawn on March 2, 1935 in Iloilo City by Policeman Jose Tomambing. Lamahang was found using an iron bar to break and unfasten boards on the wall of a cheap‐goods store owned by Tan Yu, who was inside sleeping. He managed to break one board and loosen another but did not enter the premises or take any property. The Court of First Instance of Iloilo convicted him of attempted robbery, sentencing him to two years and four months of prision correctional and an additional ten years and one day of prision mayor as an habitual delinquent, plus accessory penalties and costs. Lamahang appealed this conviction to the Supreme Court.Issues:
- Did Lamahang’s acts constitute the crime of attempted
Case Digest (G.R. No. 43530) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Circumstances of the incident
- On March 2, 1935, at early dawn, Policeman Jose Tomambing was patrolling the corner of Delgado and C.R. Fuentes Streets in Iloilo City.
- He observed Aurelio Lamahang using an iron bar to break and unfasten boards on the wall of Tan Yu’s store of cheap goods.
- Parties, arrest, and relevant background
- The store owner, Tan Yu, and another person were asleep inside when the noise was made.
- Tomambing immediately arrested Lamahang before he could enter; Lamahang had prior final convictions for robbery and theft and was charged as an habitual delinquent.
Issues:
- Whether Lamahang’s acts amounted to attempted robbery under the Penal Code.
- Whether the evidence established a specific intent to commit robbery as opposed to a lesser offense.
- What offense, if any, Lamahang actually committed and what penalty should apply.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)