MODULE 4

Question 1

PEOPLE V. LAMAHANG

Answer 1

opening in the wall, attempted robbery to attempted trespass to dwelling

Question 2

PEOPLE V. DIO

Answer 2

wrist watch, robbery with homicide to attempted robbery with homicide

Question 3

PEOPLE V. TRINIDAD

Answer 3

fish vendor, jeepney fight scene, frustrated murder to attempted murder

Doctrine:
frustrated murder - wound is fatal
attempted murder - wound is NOT fatal

Question 4

PEOPLE V. CAMPUHAN

Answer 4

helper, “ayoko nga!”, statutory rape to attempted rape

Doctrine:
consummated rape - there was penetration
attempted rape - there was NO penetration

Question 5

RIVERA V. PEOPLE

Answer 5

parietal area, hollow block, frustrated murder to attempted murder

Doctrine:
When there’s intent to kill but the wound is not fatal, it is attempted murder.

Elements of attempted felony:
1. offender commences the commission
a. there are external acts
b. external acts have direct connection to the crime intended
2. He does NOT perform all the acts of execution
3. NOT stopped by his own spontaneous desistance
4. Non-performance was due to cause or accident other than his own spontaneous desistance

Question 6

VELASCO V. PEOPLE

Answer 6

tricycle, owner-type jeep, attempted homicide? no, attempted murder

Question 7

BALEROS V. PEOPLE

Answer 7

chemical-soaked cloth, attempted rape to light coercion

Doctrine:
For attempted rape, accused must have commenced the act of penetration

Question 8

PEOPLE V. PADDAYUMAN

Answer 8

post-wedding prep inuman, stabbing, attempted homicide

Doctrine:
If there’s uncertainty over the extent of the wound (fatal or not), uncertainty must be ruled in favor of the accused.

Question 9

PEOPLE V. LIZADA

Answer 9

eldest daughter from previous marriage, brother arrived, 4 qualified rape to 3 simple rape + 1 attempted rape

Question 10

PEOPLE V. GAJETAS

Answer 10

break-in, hug, attempted rape w/ homicide

Doctrine:
The connection of the overt act and the crime intended could be established by proof of criminal objective.

Question 11

RAIT V. PEOPLE

Answer 11

went to buy cigarettes, cited Baleros v. People, attempted rape

Question 12

PEOPLE V. BENDECIO Y VIEJO

Answer 12

aberattio ictus, sister and Jonabel, attempted murder with murder

Question 13

CASILAC V. PEOPLE

Answer 13

motorcycle, Ramil and Ryn Louie, murder w/ serious physical injuries to murder w/ attempted murder

Question 14

LUTAO V. PEOPLE

Answer 14

tickled vagina, attempted rape to acts of lasciviousness

Question 15

YAP V. PEOPLE

Answer 15

rolling pin, attempted murder to slight physical injuries

Question 16

PEOPLE V. ORITA

Answer 16

mount, slight penetration, frustrated rape to rape

Question 17

PEOPLE V. LISTERIO

Answer 17

lead pipes, murder w/ attempted homicide to murder w/ frustrated homicide

Doctrine:
What distinguishes attempted from frustrated is NOT the extent of the injuries but whether or not the subjective phase has been passed
- if stopped by reason other than spontaneous desistance, attempted
- if NOT stopped, frustrated

Question 18

PEOPLE V. ANGELES Y GUARIN

Answer 18

eve of the wedding, brothers, tricycle, triple kill

Aberlardo - murder
Eric (non-fatal wound) - attempted murder
Mark Ryan (fatal but had medical intervention) - frustrated murder

Question 19

QUIJANO V. PEOPLE

Answer 19

doctor was absent, lack of evidence, frustrated murder to attempted murder

Question 20

US V. ADIAO

Answer 20

belt, customs inspector, frustrated theft to theft

Question 21

PEOPLE V. HERNANDEZ

Answer 21

rape of step-granddaughter, 70-year-old, intact hymen, frustrated rape to rape

Question 22

VALENZUELA V. PEOPLE

Answer 22

tide ultramatic, frustrated theft to consummated theft

Question 23

PEOPLE V. AGAN

Answer 23

hold-up, can’t stay hard, robbery w/ attempted rape to robbery w/ rape