Case Digest (G.R. No. 25459)
Facts:
The People of the Philippine Islands v. Ramon Mabug-at, G.R. No. 25459, August 10, 1926, the Supreme Court, Romualdez, J., writing for the Court; Avancena, C.J., Street, Villamor, Ostrand, Johns, and Villa-Real, JJ., concurring. The Court of First Instance of Oriental Negros convicted Ramon Mabug-at of the crime of frustrated murder and sentenced him to twelve years and one day of cadena temporal, ordered him to indemnify the offended party P700 and to pay costs; he appealed to the Supreme Court.
The prosecution's evidence showed that the accused and Juana Buralo were sweethearts, and that Juana repeatedly rebuffed the accused's advances after he had frequented another woman's house. On August 9, 1925, Juana declined an invitation to walk with the accused and later sent a note of excuse. On the night of August 11, 1925, the accused went to the threshold of Cirilo Banyan's house where Juana was attending a devotion; he carried a revolver, threatened that he would "get Juana" and kill anyone who defended her, and asked Francisco Abellon to summon Juana—Abellon refused.
The accused followed Juana and her niece Perfecta Buralo toward their house. As the two climbed the stairs with their backs turned, the accused, standing at the foot of the stairway, fired a shot which struck Perfecta: the bullet entered the posterior region of her neck and exited through her left eye, destroying that eye. Due to medical attention she survived and later testified. The accused argued on appeal that the evidence proved only the unlawful discharge of a firearm with injuries and that there was no proof of intent to kill.
The trial court found the accused guilty of frustrated murder. The case reached the Su...(Pro-only)
Issues:
- Did the evidence prove that the appellant committed frustrated murder (i.e., that he had the intent to kill and performed all acts of execution) rather than only the discharge of a firearm with injuries?
- Were the qualifying circumstances of treachery and/or evident premeditation present to elevate the offense...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)