G.R. No. 39552; November 24, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. LORENZO DE LA CRUZ, defendant-appellant.

FACTS

The defendant-appellant, Lorenzo de la Cruz, was convicted by the Court of First Instance of Nueva Ecija of the crime of frustrated murder. The information alleged that on November 23, 1932, in Aliaga, Nueva Ecija, with premeditation and intent to kill, he attacked and stabbed Chief of Police Raymundo Calderon with a knife in the municipal building. The wound was serious, requiring medical attendance for more than 30 days and incapacitating Calderon for labor for a similar period. The accused performed all acts of execution that should have produced death, but death did not occur due to causes independent of his will. At trial, the accused pleaded not guilty and waived his right to present evidence. The prosecution evidence established that the accused, motivated by jealousy (believing Calderon had won the affection of his concubine), stabbed Calderon unexpectedly from behind while Calderon was descending a stairway. The wound penetrated the thorax, affected the right lung, caused pleural effusion, and required extensive hospitalization and surgery. The lower court sentenced the accused to twelve years and one day of reclusion temporal and ordered indemnification.

ISSUE

Whether the accused should be convicted of frustrated murder or only of serious physical injuries, specifically whether the evidence sufficiently proves an intent to kill.

RULING

The Supreme Court affirmed the conviction for frustrated murder. The Court held that the intent to kill, while not expressly declared, could be reasonably inferred from the circumstances. These circumstances included the motive (jealousy over a concubine), the use of a deadly weapon (a knife), the infliction of the wound in a vital spot (the back, affecting the lung), the manner of attack (with treachery, from behind, ensuring no risk from the victim’s defense), and the fact that the victim was the chief of police (which might have led the accused to believe a fatal attack was necessary to avoid retaliation). The accused performed all acts of execution to bring about death, but the victim survived due to timely medical intervention, independent of the accused’s will. The crime thus constitutes frustrated murder, qualified by treachery. The penalty imposed by the lower court was affirmed. (Chief Justice Avanceña dissented, believing the intent to kill was not proven beyond reasonable doubt and that the crime was only physical injuries.)

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