BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M.

CABOTAJE-TANG

[G.R. No. L-5848. April 30, 1954] According to the declaration of Sy Pio, months
PEOPLE OF THE PHILIPPINES, plaintiff-appellee prior to the shooting, he was employed as an
vs. SY PIO, alias POLICARPIO DE LA CRUZ, attendant in a restaurant belonging to Ong Pian,
defendant-appellant while his wife, Vicenta was employed by Ong
Pian's partner, Eng Cheng Suy. When his wife's
father fell ill, Sy Pio asked money from Ong Pian
This is an appeal from the conviction of who only gave him P1. While his wife was able to
appellant, Sy Pio who was charged with the borrow P20 from her employer, which they sent
crime of frustrated murder. to his wife's parents in Cebu. Afterwards, he was
dismissed from his work at the restaurant and
FACTS became a peddler. Ong Pian presented a list of
the sums that Sy Pio had borrowed from him,
On September 3, 1949, Sy Pio, defendant- and these sums were deducted from the salary
appellant, carrying a .45 pistol caliber, went to of his wife. Sy Pio did not recognize these sums
the restaurant at 822 Ongpin, and there shot as his indebtedness, and so he resented Ong
Ong Pian. After shooting him, he proceeded to Pian's conduct.
the store at 511 Misericordia, where he first fired
at Jose Sy. Regarding the shooting of Tan Siong Kiap, the
confession states that a few days before the
Tan Siong Kiap, who was in the store and saw shooting, Sy Pio earned a sum of P70 from the
the accused enter and fire a shot at Jose Sy, sales of medicine that he peddled. He laid his
asked him, "What is the idea?". Consequently, money in a place in his room but the following
Sy Pio turned around and fired at him as well and morning he found that it had disappeared from
the bullet hit his right shoulder. Tan Siong Kiap the place he had left it. Tan Siong Kiap and Jose
immediately ran to a room behind the store to Sy, upon hearing of the lost money, told him that
hide. Shortly afterwards, Sy Pio ran away. he must have given the money to his wife and
that nobody had stolen it. After this incident of
Afterwards, Tan Siong Kiap was brought to the
loss, the defendant heard that Tan Siong Kiap
Chinese General Hospital, where his wound was
and Jose Sy has been saying that the money had
treated. He stayed in the hospital for nine days
not been actually stolen, but that he lost it in
and was treated five more times in a span of ten
gambling. Because of these accusations against
days. Thereafter, his wound was completely
him, he held a grudge against Tan Siong Kiap and
healed. He spent the sum of P300 for hospital Jose Sy.
fees.
However, at the time of the trial, he disowned
On September 5, information was received by
these confessions and explained that he signed it
the Manila Police Department that Sy Pio was in
without having read its contents. He declared
custody of the Constabulary in Tarlac. He was
that he did not shoot the three victims, and it
then brought to the custody of Captain Daniel V.
was another man by the name of Chua Tone who
Lomotan of the Manila Police, who brought him
shot them, with whom he had previously
to Manila, where his statement was taken down
conspired with to kill the victims. Although, he
in writing. This declaration was submitted at the
did not have witnesses to support his denial.
time of the trial, and it contains all the details of
Neither did he deny that he admitted before
the assault against Tan Siong Kiap, Ong Pian, and
Captain Lomotan that he killed the three victims,
Jose Sy. Afterwards Sy Pio signed it in both his
or that he was found in Tarlac in possession of
Chinese and Filipino names, the latter being
the caliber .45 pistol and its magazine. In his
Policarpio de la Cruz.
cross-examination he admitted the causes of his
resentment against his victims.
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M. CABOTAJE-TANG

Trial Court refused to believe Sy Pio’s committed the crime charged. Thus, the
testimony and found him guilty of the crime of claim that the offense has not been proved
frustrated murder. beyond reasonable doubt is dismissed.

The case was appealed to the Court of 3. The lower court also erred in sentencing him
Appeals, but it certified it to the Supreme Court to pay an indemnity of P350. The offended
under the provision of Section 17 (4) of Republic party testified that he spent P300 for
Act No. 296, on the ground that the crime of hospital fees was confined in the hospital for
frustrated murder charged was committed on nine days. These facts stand uncontradicted.
the same occasion that Sy Pio committed the
crime of murder, with which he was also 4. Sy Pio contends that he should only be found
charged. guilty of less serious physical injuries instead
of the crime of frustrated murder. Contrary
On appeal, Sy Pio contended the following but to this, he admitted in open court, that he
were found without merit: had a grudge against the victim, and that he
conspired with another person to kill the
1. The trial court erred in not finding that Tan victims. The intent to kill is evident, even
Siong Kiap received the shot accidentally from his conduct in firing the shot directly at
from the same bullet that had been fired at the offended party.
Jose Sy and it erred in finding that Sy Pio has
committed a crime distinct and separate Intent to kill is conclusively proved, but the
from the murder of Jose Sy. Contrary to this, wound inflicted was not necessarily fatal. As a
Tan Siong Kiap stated that when he saw Sy matter of fact, the medical certification issued by
Pio firing shots, he asked him why he was the physician who treated Tan Siong Kiap stated
doing so and instead of answering, Sy Pio that the wound will heal in a short period of time.
turned around and shot him as well. Thus, it
is not true that the shot that hit him was ISSUE Whether Sy Pio performed all the acts of
fired at Sy. execution necessary to produce the death of Tan
Siong Kiap
2. Evidence is not sufficient to sustain the
judgment of conviction. The evidence RULING NO, Sy Pio, defendant-appellant, did
submitted to prove the charge consists of: not perform all the acts of execution, actual and
the uncontradicted testimony of the victim subjective, in order that the purpose and
himself; the verbal admissions he made intention that he had to kill his victim might be
before Captain Lomotan; the fact that Sy Pio carried out, thus, constituting only the crime of
escaped and was found in Tarlac; his attempted murder and not of frustrated
possession of the .45 caliber pistol coupled murder.
with the testimony of the physician who
examined the wounds of Tan Siong Kiap, that Sy Pio fired at Tan Siong Kiap and he was hit,
the wounds must have been caused by a but he was able to escape and hide in another
caliber .45 bullet; and lastly, the admission of room. The fact that he was able to escape, which
Sy Pio himself as to the reason for assault of Sy Pio must have seen and knew that he was not
the victims that coincide with his written able to hit him at a vital part of the body means
confession. This shows that he made the that the Sy Pio knew that he had not actually
confession himself, for nobody else could done all the acts of execution necessary to kill his
have known all these facts. Against this mass victim. Under these circumstances, the
of evidence, Sy Pio has only made an subjective phase of the acts of execution had not
unbelievable story that another person had been completed.
BARBADILLO, ANNA DOMINIQUE B. FCL-1B CRIM 1 JUSTICE AMPARO M. CABOTAJE-TANG

However, as Sy Pio did not continue in the

pursuit, and instead ran away afterwards, a
reasonable doubt exist in our mind that Sy Pio
had actually believed that he has committed all
the acts of execution. This doubt must be
resolved in favor of the defendant-appellant.

The Court is not prepared to find Sy Pio guilty

of frustrated murder, as charged. He is only
found guilty of attempted murder because he
did not perform all the acts of execution, actual
and subjective, in order that the purpose and
intention that he had to kill his victim might be
carried out.

Therefore, the judgment appealed from is

hereby, MODIFIED and Sy Pio is found guilty of
the crime of attempted murder, and the
sentence imposed upon him reduced to an
indeterminate penalty of from 4 years, 2 months,
and 1 day of prision correccional to 10 years of
prision mayor. In all other respects the judgment
is affirmed, with costs.

RATIO DECIDENCI

In the cases of People vs. Dagman and People

vs. Borinaga, this Court held that the crime
committed was frustrated murder, because the
subjective phase of the acts necessary to commit
the offense had already passed; there was full
and complete belief on the part of the assailant
that he had committed all the acts of execution
necessary to produce the death of thevictim.

While in the crime of attempted murder, the

assailant did not perform all the acts of
execution, actual and subjective, in order that
the purpose and intention that he had to kill his
victim might be carried out.