Case Summary (G.R. No. 12155)
Facts and Underlying Conduct
Eduave, living as his elderly mistress’s “querido,” suddenly attacked a young woman from behind with a sharp bolo. The blow inflicted an eight-and-one-half-inch, two-inch-deep gash in her lumbar region, severing all underlying muscles and tissues. Having declared his purpose to kill and believing he had succeeded, Eduave discarded the victim’s body in the bushes and later surrendered, insisting he had slain her. The victim survived.
Motive and Qualifying Circumstances
The assailant’s motive arose from resentment: the victim had previously accused him of rape and impregnating her. The attack was unprovoked, sudden, and aimed at a vital part of the body, demonstrating treachery (“alevosia”). Such a characteristic, if death had ensued, would elevate the homicide to murder under the law.
Legal Issue: Murder versus Homicide
Eduave conceded unlawful violence but disputed the degree of the offense. He argued that, if death had occurred, the correct charge would have been simple homicide, not murder. The Court found otherwise: the concealed, rear-oriented assault with a deadly weapon, coupled with the assailant’s deceitful approach, satisfied the statutory definition of murder by treachery.
Legal Issue: Frustrated versus Attempted Murder
The central question was whether Eduave’s act constituted “attempted” or “frustrated” murder. Under Article 3 of the Penal Code:
• A felony is frustrated when the offender executes all acts needed to consummate it but fails due to causes beyond his control.
• A felony is attempted when the offender begins execution but is interrupted by external forces before completing all necessary acts.
Because Eduave performed every act required to kill—striking a vital region
...continue readingCase Syllabus (G.R. No. 12155)
Facts
- The accused, Protasio Eduave, was living as the “querido” of a young woman when she previously charged him with rape and causing her pregnancy.
- Incensed by that accusation, Eduave suddenly rushed upon the girl from behind and struck her with a sharp bolo.
- The blow produced a frightful gash in the lumbar region and slightly to the side, measuring eight and one-half inches in length and two inches in depth, severing all muscles and tissues in that area.
- Believing he had killed his victim, Eduave threw her body into the bushes, later surrendered, and declared to authorities that he had killed the complainant.
Procedural History
- This case was brought before the Supreme Court of the Philippines under G.R. No. 12155.
- The trial court convicted Eduave of a crime; on appeal, the precise classification of that crime—murder, homicide, attempted murder, or frustrated murder—became the central issue.
- The Supreme Court rendered its decision on February 2, 1917.
Issues Presented
- Would the crime, if death had resulted, constitute murder or only homicide?
- Should the present offense be classified as attempted murder or as frustrated murder under the Penal Code?
- Can the circumstances of the attack qualify the crime as murder by reason of alevosia?
Court’s Findings on Intent and Means
- The Court found that Eduave possessed the requisite intent to kill, as evidenced by his declaration of purpose and subsequent statements to authorities.
- A deadly w