G.R. No. 1017, March 21, 1903
THE UNITED STATES, complainant-appellee, vs. GUILLERMO VILLANUEVA, defendant-appellant.

FACTS:
On the night of July 9, 1902, in San Mateo, Guillermo Villanueva, a police officer, shot his wife, Juana Aguinaldo, in the back with his service revolver from a distance of about three yards as they were ascending the stairs of their house. The bullet entered her back between the ribs, passed through her body, and exited near her right breast. The wound was serious and potentially fatal, but as of August 7, 1902, she was alive and recovering due to medical attention. Villanueva admitted to the act but claimed he was driven by jealousy, suspecting his wife of infidelity after finding her at another man’s house.

ISSUE:
Whether the acts committed by the accused constitute the crime of frustrated parricide.

RULING:
Yes. The Supreme Court ruled that the facts constitute the crime of frustrated parricide under Article 402 in relation to Articles 3 and 407 of the Penal Code. The accused performed all acts necessary to produce death, using a deadly weapon aimed at a vital part of the victim’s body. The non-consummation of the killing was due to causes independent of his will (i.e., timely medical intervention), not a voluntary desistance.

The Court considered the concurrence of mitigating and aggravating circumstances. The mitigating circumstance of passion or obfuscation (jealousy) under Article 9, No. 7, was present. This was offset by the generic aggravating circumstance of treachery (alevosía) under Article 10, No. 2, as the attack was made from behind without warning.

Applying Article 407 of the Penal Code, the Court imposed the penalty one degree lower than cadena temporal. The accused was sentenced to eight years and one day of presidio mayor, with the corresponding accessories, an indemnity of 600 Mexican pesos to the victim, and costs.