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Frustrated Murder Case: Borinaga Ruling

Borinaga was convicted of frustrated murder for stabbing at Harry Mooney with a knife in Mooney's store but missing. Earlier that day, Lawaan, who Borinaga was associated with in constructing a fish corral for Mooney, had tried to collect payment from Mooney before the job was finished and warned something would happen if he didn't pay. The Supreme Court affirmed Borinaga's conviction, finding his crime was frustrated murder rather than attempted murder since he performed all acts to accomplish the attack but it failed due to causes independent of his will.

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151 views1 page

Frustrated Murder Case: Borinaga Ruling

Borinaga was convicted of frustrated murder for stabbing at Harry Mooney with a knife in Mooney's store but missing. Earlier that day, Lawaan, who Borinaga was associated with in constructing a fish corral for Mooney, had tried to collect payment from Mooney before the job was finished and warned something would happen if he didn't pay. The Supreme Court affirmed Borinaga's conviction, finding his crime was frustrated murder rather than attempted murder since he performed all acts to accomplish the attack but it failed due to causes independent of his will.

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Inna
Copyright
© © All Rights Reserved
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THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff and appellee, vs. BASILIO BORINAGA, defendant and appellant.

Facts
● Sometime prior to March 4, 1929, American Harry H. Mooney, resident of Leyte, contracted with one Juan Lawaan for
the construction of a fish corral. Basilio Borinaga was associated with Lawaan in the construction of the corral.
● March 4, 1929 morning: Lawaan, with some of his men, went to Mooney's shop and tried to collect from him the whole
amount fixed by the contract, notwithstanding that only about two-thirds of the fish corral had been finished. Mooney
refused to pay the price at that time, and Lawaan warned him something would happen to him if he did not pay.
● March 4, 1929 evening: Mooney was in the store of Perpetua Najarro, where he had taken a seat on a chair in front of
Perpetua with his back to the window. Perpetua saw Borinaga strike a knife at Mooney, but the knife lodged in the
back of the chair. Mooney fell but was not injured. Borinaga ran away, but came back hardly ten minutes after. He was
unable to stab Mooney as Mooney and Perpetua turned a flashlight on Borinaga, frightening him away.
● Borinaga was convicted of frustrated murder.

Ratio Decidendi

W/N the Borinaga is guilty of frustrated murder, and not attempted murder, within the meaning of article 3 of the Penal
Code.

Yes.

Within the meaning of article 3 of the Penal Code, the crime committed was frustrated murder and not attempted murder.
The author performed all the acts of execution. Nothing remained to be done to accomplish the work of the assailant
completely. The cause resulting in the failure of the attack arose by reason of forces independent of the will of the
perpetrator. The assailant voluntarily desisted from further acts. What is known as the subjective phase of the criminal
act was passed.

ART. 3: Frustrated felonies and attempts to commit felonies are punishable, as well as those which are
consummated.
"A felony is frustrated when the offender performs all the acts of execution which should produce the
felony as a consequence, but which, nevertheless, do not produce it by reason of causes independent of the will
of the perpetrator.”
"There is an attempt when the offender commences the commission of the felony directly by overt acts,
and does not perform all the acts of execution which constitute the felony by reason of some cause or accident
other than his own voluntary desistance."

Ruling
Based on the foregoing considerations, the judgment appealed from will be affirmed, with the costs of this instance
against the appellant.

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