GR L 5848; (April, 1954) (Digest)
G.R. No. L-5848; April 30, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SY PIO, alias POLICARPIO DE LA CRUZ, defendant-appellant.
FACTS
The defendant-appellant, Sy Pio alias Policarpio de la Cruz, was convicted by the Court of First Instance of Manila for the frustrated murder of Tan Siong Kiap and sentenced to an indeterminate penalty. The case was certified to the Supreme Court. The evidence for the prosecution established that on September 3, 1949, the appellant entered a store at 511 Misericordia, Manila, and fired a .45 caliber pistol, first shooting Jose Sy. When Tan Siong Kiap asked, “What is the idea?”, the appellant turned and shot him, the bullet entering his right shoulder. Tan Siong Kiap ran to hide and heard more shots before the appellant fled. The victim was hospitalized, incurred P300 in expenses, and his wound healed. The appellant was later apprehended in Tarlac, where he admitted the assaults to a police captain and surrendered the pistol. His written confession (Exhibit D) detailed his motives: resentment against Ong Pian for salary deductions and against Tan Siong Kiap and Jose Sy for accusing him of losing money through gambling. At trial, he disowned the confession, claiming another person committed the crimes, but he admitted the motives during cross-examination and presented no supporting witnesses.
ISSUE
The main issue is whether the appellant is guilty of frustrated murder or a lesser offense, specifically whether he performed all acts of execution necessary for frustrated murder, considering the nature of the wound and his subsequent actions.
RULING
The Supreme Court modified the judgment. It found the appellant guilty of attempted murder, not frustrated murder. The Court held that while the intent to kill was conclusively proved from his actions and confession, the appellant did not perform all acts of execution necessary to produce death. The wound was not fatal, and the victim’s escape, which the appellant must have seen, indicated he knew he had not hit a vital part. Since the appellant did not pursue the victim and fled, a reasonable doubt existed that he believed he had completed all acts of execution. Thus, the subjective phase of the acts was not completed. The penalty was reduced to an indeterminate sentence of 4 years, 2 months, and 1 day of prision correccional to 10 years of prision mayor. The indemnity of P350 was affirmed.