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Intod

The document discusses a case where a man named Intod fired shots at the bedroom of a woman named Palangpangan due to a land dispute, but Palangpangan was not present. Intod argued the crime was impossible since Palangpangan was absent. The court ruled the crime was an impossible crime since the intended victim was not present and the intended act could not be accomplished.

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21 views1 page

Intod

The document discusses a case where a man named Intod fired shots at the bedroom of a woman named Palangpangan due to a land dispute, but Palangpangan was not present. Intod argued the crime was impossible since Palangpangan was absent. The court ruled the crime was an impossible crime since the intended victim was not present and the intended act could not be accomplished.

Uploaded by

Jnacita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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INTOD VS CA

G.R. No. 103119 October 21, 1992 

Facts: Sulpicio Intod, filed a petition for review of the decision of the Court of Appeals finding him guilty of the
crime of attempted murder. Intod, along with 4 other men went to Misamis Occidental to kill Bernardina
Palangpangan because of a land dispute between them. Armed with firearms, Intod and his companions fired at
the bedroom of Palangpangan. It turned out however, that Palangpangan was in another City and her home was
then occupied by her son-in-law and his family. No one was in the room when the shots are fired and no one was
hit by the gun fire.

Intod contends that, Palangpangan's absence from her room on the night he and his companions riddled it with
bullets made the crime inherently impossible.

Issue: Whether or not the crime committed is an impossible crime.

Ruling: YES. The crime committed is an impossible crime. The decision of CA holding Intod guilty of Attempted
Murder was modified.For an act to be impossble, the act intended by the offender must be by its nature
impossible of accomplishment. There must be either legal impossibility, or physical impossibility of accomplishing
the intended act in order to qualify the act as an impossible crime.

Intod shoots the place where he thought his victim would be, although in reality, the victim was not present in said
place and thus, he failed to accomplish his end.

Ratio: Legal impossibility occurs where the intended acts, even if completed, would not amount to a crime. Thus,
legal impossibility would apply to those circumstances where:

1) the motive, desire and expectation is to perform an act in violation of the law; 
2) there is intention to perform the physical act; 
3) there is a performance of the intended physical act; and 
4) the consequence resulting from the intended act does not amount to a crime. 

The impossibility of killing a person already dead falls in this category. On the other hand, factual
impossibility occurs when extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. One example is the man who puts his hand in the coat pocket of another
with the intention to steal the latter's wallet and finds the pocket empty.

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