People of the Philippine Islands · G.R. 33463

Petitioner: People of the Philippine Islands
Respondent: Basilio Borinaga
Citation: G.R. No. 33463
Court: Supreme Court
Division: First Division
Ponente: Malcolm, J.
Decided: December 18, 1930

Summary

Basilio Borinaga was convicted of frustrated murder for attacking American resident Harry Mooney with a knife in Leyte in 1929. The attack stemmed from a contract dispute over fish corral construction. Borinaga struck at Mooney from behind through a window but missed, hitting only the chair. Despite Mooney suffering no injury, the Supreme Court affirmed the frustrated murder conviction, ruling that Borinaga had performed all acts of execution with treacherous intent to kill. The Court distinguished between frustrated and attempted murder, finding that the crime's failure resulted from circumstances beyond the perpetrator's control rather than incomplete execution. This 1930 decision established important precedent regarding the elements of frustrated crimes under Philippine criminal law.

Related cases

Other Philippine cases on the same provisions and issues.

Crisanto Amerga y Lapuz v. People G.R. No. 250461
Jr. v. People G.R. No. 178512
Eric Rescubillo v. People G.R. No. 237854
People v. Jonie Sabandal Pilen G.R. No. 254875
People v. Fernan Calines y Magastino G.R. No. 260944

By the Intellegal Editorial Board · December 18, 1930

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