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8/11/2019 CRIM LAW CASES (IntodvsCA & PeoplevsSaladino)

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INTOD VS. COURT OF APPEALS

G.R. No. 103119 October 21, 1992

Ponente:Justice Campos, JR. 199

FACTS:

In the morning of February 4, 1979, Sulpicio Intod, Jorge Pangasian, SantosTubio and

!elino "aligdig #ent to Sal!ador $andaya%s house in &atugasan,'ope( Jaena, $isamis

)ccidental and as*ed him to go #ith them to the houseof +ernardina Palangpangan Thereafter,

$andaya and Intod, Pangasian,Tubio and "aligdig had a meeting #ith niceto "umalagan -e

told $andaya that he #anted Palangpangan to be *illed because of a land dispute bet#een them

and that $andaya should accompany the four .4/ men, other#ise, he #ould also be *illed t

about 1000 o%cloc* in the e!ening of the same day, Petitioner, $andaya, Pangasian, Tubio and

"aligdig, all armed #ith firearms, arri!ed at Palangpangan%s house in &atugasan, 'ope( Jaena,

$isamis )ccidental tthe instance of his companions, $andaya pointed the location

of Palangpangan%s bedroom Thereafter, Petitioner, Pangasian, Tubio and"aligdig fired at said

room It turned out, ho#e!er, that Palangpangan #as inanother 2ity and her home #as then

occupied by her son3in3la# and his family o one #as in the room #hen the accused fired the

shots o one #as hit by the gun fire Petitioner and his companions #ere positi!ely identified by

#itnesses )ne #itness testified that before the fi!e men left the premises, they shouted 56e

#ill *ill you .the #itness/ and especially +ernardina Palangpangan and #e #illcome bac* if .sic/

you #ere not inured5

ISSUE:

6) Intod is guilty of attempted murder since it is an impossible crime under rt 4 .8/

HELD:

YES, the petitioner is guilty of an impossible crime as defined and penali(ed in article 4, paragraph 8,

and 9 of the :e!ised Penal 2ode, respecti!ely Petition is hereby ;:T


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Petitioner contends that, Palangpangan%s absence from her room on the night he and his companions riddled it

#ith bullets made the crime inherently impossible

A The :e!ised Penal 2ode, inspired by the Positi!ist School, recogni(es in the offender his formidability to

punish criminal tendencies in rt 4.8/

A 'egal impossibility occurs #here the intended acts, e!en if completed, #ould not amount to a crime

A 'egal impossibility #ould apply to those circumstances #here1 the moti!e, desire and e=pectation is to perform an act in !iolation of the la#

8 there is intention to perform the physical act

B there is a performance of the intended physical act

4 the conse@uence resulting from the intended act does not amount to a crime

Factual impossibility occurs #hen e=traneous circumstances un*no#n to the actor or beyond his

control pre!ent the consummation of the intended crime C this case

o 00 oHcloc* $ shift 2onrado conducted :osita to the eepney stop

and returned to their room about fifteen minutes later -e laid do#n beside 'ourdes boutt#enty3fi!e minutes later, he started fondling her breasts -e po*ed a *itchen *nife at her #aist

and threatened to *ill her if she shouted -e dropped the *nife, pinned do#n 'ourdesH hands toher belly, and remo!ed her shorts and under#ear #ith his hand that #as free -e then remo!ed

his o#n shorts and under#ear, #ent on top of 'ourdes, and inserted his penis inside her !agina

'ourdes struggled and 2onradoHs penis slipped out se!eral times, but he re3inserted it e!ery timeand resumed his bestial mo!ements for about fifty minutes according to 'ourdes 6hen she

finally succeeded in pushing him a#ay, he #arned her not to tell anyone or else he #ould *ill


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her 'ourdes confided the se=ual assault to :osita, but :osita refused to belie!e her and e!en said

that her husband #as not capable of doing such a dastardly act 'ourdes also told 2ora(on

2edeGo #ho reacted by as*ing the Saladinos to lea!e the house It too* the Saladinos almost ayear to find a house 'ourdes did not tell her mother, #ho #as in +atangas, about the rape fter

some time, :osita in!ited 'ourdes to li!e #ith them in their ne# house :osita assured her that

the incident #ould not happen again because they had a boarder 6anting to finish herschooling and in need of money, 'ourdes relented and mo!ed in #ith the Saladinos again

"espite :ositaHs assurances, things did not turn out #ell for 'ourdes )n 17 "ecember 199> at

about 700 oHcloc* in the morning, #hile 'ourdes #as sleeping in the li!ing room, 2onradoagain held her at *nifepoint and threatened her into silence -e remo!ed her shorts and panties,

then his o#n shorts and under#ear and had forced intercourse #ith her gain, she cried and

struggled but her efforts #ere in !ain 'ourdes told :osita about the ne# incident but :osita, as

in the past, refused to belie!e her She turned to 2ora(on #ho ad!ised her to #ait for hermother, #ho #as spending 2hristmas in $anila, before going to the police )n 1 January 1997

'ourdes, 2onrado and :osita returned to $anila The follo#ing day at 700 o%cloc* in the

morning 2onrado again raped 'ourdes at *nifepoint )n B January 1997 at about the same time

the day before, he again po*ed a *nife at her and proceeded to remo!e her shorts and panties andattempted to insert his penis into her !agina This time, #hen 'ourdes sa# him let go of the

*nife, she freed herself from his grasp and *ic*ed him Then she ran to the bathroom and stayedthere until he left the house 'ourdes pac*ed her clothes and #ent to 2ora(on 2edeGosH house

Finally, she gathered enough strength to tell her mother about the se=ual abuses, #hich prompted

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