G.R. No. 1603 : April 15, 1904
THE UNITED STATES, complainant-appellee, vs. FLAVIANO SIMEON, defendant-appellant.

FACTS:
The defendant, Flaviano Simeon, was charged with the frustrated crime of assassination. The information alleged that on or about April 10, 1903, in Manila, he attempted to assassinate Bali Kan with a bolo but was frustrated in his purpose by being overpowered by third parties. The evidence showed that Bali Kan, a night watchman, had previously asked the defendant to leave the area near the railroad station. On the morning in question, while Bali Kan was walking home, the defendant, from a distance of about two yards, raised his bolo as if to strike. Bali Kan shouted for help and ran away, and the defendant was subsequently arrested by a detective. No blow was struck, and there was no proof of any threats to kill or do bodily harm.

ISSUE:
Whether the acts committed by the defendant constitute the frustrated crime of assassination.

RULING:
No. The Supreme Court reversed the judgment of the Court of First Instance. The Court held that for a crime to be considered frustrated under Article 3 of the Penal Code, the offender must have performed all acts of execution which should produce the crime, but the crime is not produced due to causes independent of the perpetrator’s will. Furthermore, the crime of assassination requires proof of specific qualifying circumstances such as treachery, price/reward, the use of certain means, deliberate premeditation, or vindictiveness. The evidence failed to establish any of these elements or even an intent to kill. The defendant’s act of raising the bolo without striking or making threats constituted the crime of threatening another with a weapon under Article 589 of the Penal Code. Accordingly, the defendant was sentenced to imprisonment for a term of five days.