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JD-1D
Case: Intod v. CA
Topic: Impossible Crime; Art. 4
Facts:
On the other hand, Respondent People of the Philippines argues that the
crime was not impossible instead the facts were sufficient to constitute
an attempt and to convict Intod for attempted murder. Respondent
likewise alleged that there was intent. Further, In its Comment to the
Petition, respondent pointed out that xxx. The crime of murder was not
consummated, not because of the inherent impossibility of its
accomplishment (Art 4 (2), RPC), but due to a cause of accident other
that petitioners and his co-accuseds own spontaneous desistance (Art.
3) Palangpangan did not sleep at her house at that time. Had it not been
for this fact, the crime is possible, not impossible.
Yes. Under Article 4(2) of the RPC, the act performed by the offender
cannot produce an offense against person or property because: 1) the
commission of the offense is inherently impossible of accomplishment; or
2) the means employed is either a) inadequate or b) ineffectual.
The case at bar belongs to this category. Petitioner shoots the place
where he thought his victim would be, although in reality, the victim was
not present in said place and thus, the petitioner failed to accomplish his
end.
Issue:
Held:
No. The Court ruled out the attendance of abuse of superior strength as
a qualifying circumstance in consideration of the facts that the wounds
sustained by the victim were not fatal and the absence of a showing that
the wounds would have certainly caused his death if not for the timely
medical assistance. Hence, the Court granted the petition and the
Decision of the Court of Appeals affirmed with modification from
Attempted Murder to Attempted Homicide.
Case: Jacinto v. People of the Philippines
Topic: Art. 4(2), impossible crime
Facts:
Jacinto along with Valencia and Capitle was charged with qualified
theft for having stolen and deposited a check with an amount of 10,000
php. Such check was issued by Baby Aquino for payment of her
purchases from Mega Foam, but the check was discredited Dyhengco
found out about the theft and filed a complaint with the NBI. An
entrapment operation was conducted, with the use of marked bills. The
entrapment was a success and the petitioner along with her co-accused
was arrested.
Issue:
Held:
Issue:
Ruling:
The records reviewed failed to show the proof whether Primos penis
was able to penetrate Chrystels vagina. Failure to prove such
penetration, even the slightest one, cannot be considered consummated
rape, however, only attempted rape, if not acts of lasciviousness. Also,
there were no physical signs of injuries on the witness body to conclude
a medical perspective that a penetration has taken place. In rape cases,
it is important that a valid testimony and medical certificate complements
each other, for relying alone on testimonial evidence may create
unwarranted or mischievous results. It is necessary to carefully establish
a proof that the penis, in reality, entered the labial threshold of the female
organ to accurately conclude that the rape was consummated.