G.R. No. L-10783; January 20, 1916
THE UNITED STATES, plaintiff-appellee, vs. AGRIPINO AGONCILLO and MARIANO ADMANA, defendants. AGRIPINO AGONCILLO, appellant.

FACTS:
Agripino Agoncillo was charged with frustrated murder for shooting Irineo Arriola, the municipal president of Calaca, Batangas. The incident occurred on the night of May 16, 1913. Prior to the shooting, Arriola had discovered that his wife, Petra Navarro, was having an illicit affair with Agoncillo, who was his brother-in-law. This discovery led Arriola to sever previous familial ties and send Agoncillo’s daughters, who had been living with them, back to Agoncillo. On the night of the crime, both men had been at the parochial building to greet a bishop. As Arriola later walked from the municipal building, Agoncillo and his co-accused Mariano Admana (who was later acquitted) were walking behind him. Arriola asked Agoncillo if he was angry, received no reply, and was then shot four times by Agoncillo. Arriola was wounded in the left thigh, requiring extensive hospitalization and resulting in permanent injury. Agoncillo fled but was apprehended by police, who recovered his automatic revolver. At trial, Agoncillo claimed self-defense, alleging Arriola had assaulted him with a dagger first, but no dagger was ever found.

ISSUE:
Whether the crime committed by Agripino Agoncillo constitutes frustrated murder, and if so, what is the proper penalty.

RULING:
The Supreme Court reversed the trial court’s judgment convicting Agoncillo of frustrated homicide and instead found him guilty of frustrated murder. The Court held that the attack was committed with treachery (alevosia), as Agoncillo fired four shots at Arriola from behind without any warning, ensuring the execution of the crime without risk to himself. The motive was rooted in Agoncillo’s illicit relationship with Arriola’s wife and the resulting jealousy and hatred. The claim of self-defense was rejected for lack of evidence, as no dagger was found and the testimony for the prosecution was deemed more credible. No aggravating or mitigating circumstances were present. Accordingly, Agoncillo was sentenced to twelve years and one day of cadena temporal, with accessory penalties, and ordered to indemnify Arriola in the amount of P1,800 for medical expenses and damages, plus costs.