16 PEOPLE VS.
LISTERIO attempted or frustrated but whether or not the subjective phase in the
G.R. No. 122099. July 5, 2000 commission of an offense has been passed.
TOPIC: Stages of Execution
Subjective phase = That portion of the acts constituting the crime included between
DOCTRINE: It is not the gravity of the wounds inflicted which determines whether a the act which begins the commission of the crime and the last act performed by the
felony is attempted or frustrated but whether or not the subjective phase in the offender which, with the prior acts, should result in the consummated crime.
commission of an offense has been passed. From that time forward, the phase is objective.
It may also be said to be that period occupied by the acts of the offender
ER: Marlon and Jeonito were collecting money. They were blocked by a group of over which he has control—that period between the point where he begins
people (w/ accused Listerio). Jeonito was stabbed from behind, and died. Marlon was and the point where he voluntarily desists.
hit by a lead pipe on is head. RTC convicted Listerio for Attempted Homicide for the If between these two points the offender is stopped by reason of any cause
injuries sustained by Marlon. SC ruled that Listerio should be guilty of Frustrated outside of his own voluntary desistance, the subjective phase has not been
Homicide. passed and it is an attempt.
If he is not so stopped but continues until he performs the last act, it is
FACTS: frustrated.
Listerio was charged with Murder and frustrated Murder for the killing of
Jeonito Aranque. IN THIS CASE, Listerio and others stopped hitting Marlon and fled the scene because
Jeonito and his brother Marlon were collecting money from a certain Tino. they thought that Marlon was already dead after he was hit twice in the head.
They were not able to collect the money so they went home. On their way
home (near Tramo), Listerio and 2 others blocked their path and attacked IT IS FRUSTRATED WHEN:
them with lead pipes and bladed weapons. Listerio stabbed Jeonito from the offender has performed all the acts of execution which would
behind. Marlon was struck with a lead pipe on his head so he lost produce the felony;
consciousness. When he woke up, Jeonito was alredy dead. the felony is not produced due to causes independent of the
Listerio contends that he went home and slept. He was awoken by a friend perpetrator’s will.
when there was a commotion near their place (Tramo). Policemen passing
by his house invited him to the police station and was implicated for the IT IS ATTEMPTED WHEN:
death of Jeonito. the offender commits overt acts to commence the perpetration of
There were doctors who testified to the wounds sustained by both Jeonito the crime;
and Marlon. he is not able to perform all the acts of execution which should
o Dr. Manimtim testified that the wounds sustained by Marlon were produce the felony; and
not fatal. his failure to perform all the acts of execution was due to some
RTC RULING: Convicted Listerio of Murder for the death of Jeonito, and cause or accident other than his spontaneous desistance
Attempted Homicide for the injury sustained by Marlon. The 2 others
escaped prison. The essential element which distinguishes attempted from frustrated felony is that,
in the latter (frustrated), there is no intervention of a foreign or extraneous cause or
ISSUE: W/N Listerio is guilty of attempted homicide for the injuries sustained by agency between the beginning of the commission of the crime and the moment when
Marlon – NO, he is guilty of frustrated homicide. all the acts have been performed which should result in the consummated crime.
RTC convicted Listerio of Attempted Homicide only on the basis of Dr. Manimtim’s In relation to the foregoing, it bears stressing that intent to kill determines whether
testimony that none of the wounds sustained by Marlon Araque were fatal. the infliction of injuries should be punished as attempted or frustrated murder,
The reasoning of the lower court on this point is flawed because it is not the homicide, parricide or consummated physical injuries.
gravity of the wounds inflicted which determines whether a felony is Homicidal intent must be evidenced by acts which at the time of their
execution are unmistakably calculated to produce the death of the victim by
adequate means. Suffice it to state that the intent to kill of the malefactors
herein who were armed with bladed weapons and lead pipes can hardly be
doubted given the prevailing facts of the case.
On the issue that Marlon’s testimony is uncorroborated: It is well settled that
witnesses are to be weighed, not numbered, such that the testimony of a single,
trustworthy and credible witness could be sufficient to convict an accused. In here,
Marlon was seen as a credible witness. His testimony was candid and
straightforward.
The trial judge is the best and the most competent person who can weigh
and evaluate the testimony of witnesses.
Marlon’s credibility cannot be doubted in this case because as a victim
himself and an eyewitness to the incident, it can be clearly gleaned from the
foregoing excerpts of his testimony that he remembered with a high degree
of reliability the identity of the malefactors.
