G.R. No. 212719 - Inmates of the New Bilibid Prison vs. De Lima

The case involves the United States as plaintiff and appellee, and Luis Bien as defendant and appellant.
The incident occurred on the morning of May 3, 1910, in a maritime fishing zone at Bacacay, Albay.

Go Sui Chiang, a Chinaman residing in Bacacay with a valid fishing concession, was engaged in fishing activities.
Around 8 to 9 o’clock, upon hearing of men fishing in his concession area with a hoop net, Chiang proceeded in a small boat (baroto) to verify the situation.
Upon reaching a point with a water depth of approximately 3 varas, Chiang encountered Luis Bien in his own baroto.
Chiang instructed Bien to cease fishing and leave the area.
In response, Luis Bien violently grabbed Chiang and threw him into the water.

Once thrown into the water, Chiang, who could not swim, struggled to stay afloat.
Attempting to rescue him, Chiang managed to seize the gunwale of the boat from which he had embarked.
One of Bien’s companions urged him to submerge Chiang completely in deeper water to ensure his drowning.
However, eyewitnesses Camilo Bas and Victorino Bas, who were drawn to the commotion by Chiang’s cries for help, intervened by preventing Bien from using an oar to further assault the victim and helped carry Chiang to shore.

Immediately after the incident, the victim reported his ordeal to the lieutenant of the barrio, arriving wet and in evident distress.
On September 20, 1910, the provincial fiscal filed a complaint against Luis Bien, charging him with frustrated homicide.
A trial was conducted where, on November 8, the court rendered a judgment sentencing Bien to six years and one day of prision mayor and imposed the payment of costs.
During the trial, the prosecution presented decisive evidence, including testimony from the eyewitnesses who aided the victim and confirmation from the barrio lieutenant regarding Chiang’s report.
The defense introduced two witnesses who contended that the victim had merely approached Bien’s boat and later left his boat floating without getting wet, accounts that were entirely contradicted by the factual testimony of the rescuers and the official report.

Whether the act of throwing Go Sui Chiang into the water by Luis Bien constitutes an overt act amounting to attempted or frustrated homicide.
Whether the testimonial evidence provided by the defense, which claimed that the victim did not suffer immersion, is credible in light of the contradictory evidence from prosecution witnesses and the barrio lieutenant.
Whether the intervention of the rescuing witnesses, which prevented the consummation of the act through asphyxiation by submersion, negates the criminal intent of the defendant or merely frustrates the completion of homicide.
How the provisions of Article 404 (in connection with Article 3, second paragraph, and Article 66 of the Penal Code) apply to the acts committed by Luis Bien.