G.R. No. 25459, August 10, 1926
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. RAMON MABUG-AT, defendant-appellant.

FACTS

Ramon Mabug-at and Juana Buralo were sweethearts. On the night of August 11, 1925, Mabug-at, armed with a revolver, went to a house where Juana was attending a religious devotion. He demanded that she come downstairs, threatening to kill anyone who defended her. When Juana and her niece, Perfecta Buralo, later descended and walked toward their house, Mabug-at followed them silently. As the two women were ascending the stairs to their home, Mabug-at, standing at the foot of the stairway, fired a shot. The bullet struck Perfecta in the neck, exiting through her left eye, completely destroying it. Perfecta survived due to medical treatment. The Court of First Instance of Oriental Negros convicted Mabug-at of frustrated murder.

ISSUE

1. Whether the crime committed is frustrated murder or merely the discharge of a firearm with injuries.
2. Whether the evidence proves the guilt of the accused beyond a reasonable doubt.

RULING

1. The crime is frustrated murder. The Supreme Court held that the intent to kill was established by the circumstances: the romantic relationship between the accused and Juana, his jealousy, his armed pursuit of her, and the fact that he aimed at a vital part of the body (the head). The Court cited *United States v. Montenegro*, which states that discharging a firearm point-blank at a vital part of the body, with little additional evidence, establishes intent to kill. The fact that the bullet hit Perfecta instead of the intended victim, Juana, does not alter criminal liability under Article 1 of the Penal Code.

The qualifying circumstance of treachery (alevosía) is present. The accused fired at the victims while their backs were turned as they ascended the stairs, employing means to ensure the execution of the crime without risk to himself from any defense. The Court cited a Spanish Supreme Court decision holding that treachery is not negated by the accidental hitting of a person other than the intended victim. While the information alleged both evident premeditation and treachery, the Court found that evident premeditation was not sufficiently proven. However, treachery was proven and qualifies the crime as murder. Since the killing was not consummated due to timely medical intervention (a cause independent of the will of the perpetrator), the crime is frustrated murder.

2. The guilt of the accused was proven beyond a reasonable doubt. The Supreme Court found the evidence for the prosecution, detailing the events leading to the shooting, to be credible and conclusive.

DISPOSITIVE PORTION:
The judgment of the Court of First Instance is AFFIRMED in all respects. The appellant is sentenced to *cadena temporal* (12 years and 1 day) with accessories, to indemnify Perfecta Buralo in the sum of P700, and to pay the costs.