G.R. No. 1902 : March 14, 1905
THE UNITED STATES, complainant-appellee, vs. LUDIVICO ISAIS, ET AL., defendants-appellants.
FACTS:
On July 2, 1903, in the barrio of San Miguel, Concepcion, Tarlac, Constabulary Sergeant Jose Casado and ten soldiers arrived at the local barracks. The barrio lieutenant, Ludovico Isais, together with Tranquilino Caguiat and Basilio Tolentino, offered to provide them with food and water. The meal, prepared by Mariano Arceo, was delivered by Caguiat. The water was delivered by Tolentino to Isais at the barracks steps. Sergeant Casado and one soldier ate elsewhere, but the nine remaining soldiers partook of the provided meal. Within minutes, all nine fell seriously ill, exhibiting symptoms of poisoning including swollen tongues, loss of consciousness, delirium, and parched throats. They were rushed to town and later to a provincial hospital, where medical intervention prevented their deaths. Physicians confirmed the symptoms were consistent with poisoning by a plant called “tarampunay” and that the dose was sufficient to cause death. Evidence established that Isais was affiliated with the subversive “Santa Iglesia” band led by Felipe Salvador, from whom he had received instructions to poison Constabulary soldiers. After the incident, Isais reported the poisoning to Salvador. The trial court convicted Isais, Caguiat, and Tolentino of frustrated murder and acquitted two other co-accused.
ISSUE:
Whether the accused are guilty of the crime of frustrated murder.
RULING:
The Supreme Court affirmed the conviction of Ludovico Isais but acquitted Tranquilino Caguiat and dismissed the case against the deceased Basilio Tolentino.
1. As to Ludovico Isais: His guilt was proven beyond reasonable doubt. The evidence showed he was the principal actor who poisoned the water. His affiliation with Felipe Salvador’s band, from whom he received instructions to commit the crime, and his subsequent report to Salvador about the poisoning, established his criminal intent and direct participation. He performed all acts necessary to produce death, which did not result solely due to timely medical aid, constituting frustrated murder. No aggravating or mitigating circumstances attended the crime, so the penalty was imposed in its medium degree. The sentence of fourteen years and eight months of cadena temporal, with accessories, was affirmed.
2. As to Tranquilino Caguiat and Basilio Tolentino: Their convictions were reversed. For Caguiat, who merely delivered the food, there was insufficient evidence proving he knew of or participated in the poisoning. He was therefore acquitted. As for Tolentino, who delivered the water, the case was dismissed as he had died during the pendency of the appeal.
The crime committed by Isais is frustrated murder under Article 403 of the Penal Code, as he executed overt acts directly leading to the crime, and the consummation was prevented only by the timely medical assistance rendered to the victims, not by his voluntary desistance.