US v. Eduave (36 Phil.

209, February 2, 1917)

FACTS: Defendant Protasio Eduave is the querido of the victims

mother. Eduave attacked the victim from behind using a bolo
creating a gash 8 1/2 inches long and 2 inches deep because the
latter accused defendant of having commiting rape against said
victim. Upon thinking that he has already killed the victim, he
threw the body into the bushes and left.

ISSUE/S: What is the crime committed by Eduave?

HELD: Accused is guilty of frustrated murder. The fact that

Eduave attacked the victim from behind, in a vital portion of the
body, shows treachery qualifying it as murder. The crime was not
consummated because the elements of the crimes execution and
accomplishment were not complete as the victim did not die.
Neither was the crime an attempted one because the accuseds
actions has already passed the subjective phase, that is, there
was no external force preventing defendant from performing all
the acts of execution necessary to commit the felony.
Consequently, the victim did not die because an external element
has prevented such death after Eduave has performed all the
necessary acts of execution that would have caused the death of
the victim.