Case Digest (G.R. No. 12155) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The United States vs. Protasio Eduave, G.R. No. 12155, decided on February 2, 1917, the accused, Protasio Eduave, then the petitioner in the Court of First Instance of Samar, was charged with assaulting a young girl with a sharp bolo machete. The incident occurred in a rural area of Samar when Eduave, motivated by anger over the girl’s prior criminal complaint charging him with rape and impregnating her, suddenly rushed upon her from behind and struck her in the lumbar region. The blow inflicted an eight-and-one-half-inch gash two inches deep, severing muscles and tissues. Believing he had killed her, he dragged her body into the bushes and later surrendered to authorities, confessing to the killing. The lower court found him guilty of *attempted homicide* and sentenced him accordingly. Eduave appealed, arguing that, had death resulted, the crime would have been mere homicide rather than *murder*, and that the offense was *attempted* rather than *frustrated* homicide.Issues
Case Digest (G.R. No. 12155) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Plaintiff-Appellee: The United States of America.
- Defendant-Appellant: Protacio Eduave, who lived as the “querido” of the victim’s mother and was accused by the victim of rape and of causing her pregnancy.
- Circumstances of the Offense
- The accused armed himself with a sharp bolo and, without warning, rushed upon the girl from behind.
- He struck her in the lumbar region and side, inflicting a gash eight and one-half inches long and two inches deep, severing all muscles and tissues in that area.
- At the time of surrender, he declared that he intended to kill the girl, believed he had done so, and had thrown her body into the bushes.
Issues:
- If death had resulted, would the crime have been murder or simple homicide?
- Given that the victim survived, should the offense be classified as frustrated or attempted murder?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)