Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1908 > March 1908 Decisions > G.R. No. L-4354 March 25, 1908 - UNITED STATES v. CANDIDO POBLETE

010 Phil 578:



[G.R. No. L-4354. March 25, 1908. ]

THE UNITED STATES, Plaintiff-Appellee, v. CANDIDO POBLETE, Defendant-Appellant.

F. Manikis, for Appellant.

Attorney-General Araneta, for Appellee.


1. FRUSTRATED MURDER. — When the aggressor of a young woman of 19 years of age inflicts upon her, with a cutting weapon, sixteen wounds more or less serious, for the purpose and with the criminal intent of causing her death, at the same time doing everything which should naturally have resulted in the death of the assaulted party, although the same did not take place for reasons which did not depend on the will of the aggressor, who continued to attack her notwithstanding the fact that she was lying senseless on the ground, and only refrained when he believed her to be dead, and that the act which he had committed treacherously and with perfect safety to himself had been consummated, the crime thus committed is unquestionably that of frustrated murder.

2. ID.; JUDICIAL DISCRETION; PENALTY. — Article 407 of the Penal Code authorizes courts, after taking into consideration the circumstances of the criminal deed, the nature of the wounds inflicted upon the injured party, and the number of days required for the cure, to use reasonable discretion in lowering by one degree the penalty which the law imposes for the crime of frustrated murder.



On the morning of Sunday, the 19th of May, 1907, Gliceria Dolac, a young womans 19 years of age was walking in the direction of the church, for the purpose of hearing mass, accompanied by her aunt, Toribia Unson, and another young woman, Gliceria Velgrado. When nearing the parish house she was unexpectedly met by the defendant who seized her with his left hand and immediately attacked her with an open penknife, inflicting several wounds in her chest, back, sides, arms, and thigh, and although she fell to the ground senseless upon being cut in the breast with the penknife, the aggressor continued to attack her; as the two women who accompanied the latter promptly attempted to render assistance, the accused with the same knife also attacked Toribia Unson who was crying out for help, wounding her in the forehead, which scar she showed to the judge and to other persons present at the time when giving her testimony in the proceedings; the defendant also attacked Gliceria Velgrado, but the weapon only caught the veil that she carried over her head; the torn veil was exhibited at the trial. The cause of the aggression was that the offended party had rejected the proposals of love made by the accused. The sixteen wounds received by Gliceria Dolac healed in about three weeks, through the assistance of a military surgeon in the hospital of the said pueblo of Naic; the doctor’s certificate, the penknife, the tapis (apron), and neckerchief which the offended party wore and which showed holes corresponding with her wounds, were exhibited as evidence.

A complaint was filed charging Candido Poblete with the crime of frustrated murder, and the corresponding proceedings were instituted; on the 14th of September, 1907, the judge rendered judgment sentencing the accused as guilty of the crime of frustrated homicide, with one mitigating circumstance, to the penalty of six years and one day of prision mayor, to the accessory penalties of article 61 and to pay the costs.

The above-stated facts, which have been fully proven in the case, constitute the crime of frustrated murder defined and punished by article 403 in relation with article 3, paragraph 2 of the Penal Code, inasmuch as the offended party, a girl 19 years of age, was unexpectedly attacked by the accused who, for the purpose, seized her by the hand and thus held and prevented her from fleeing from her aggressor; neither could she defend herself, because she was unarmed and by reason of her weakness in comparison with the strength of the accused; at the hands of the defendant, and by means of treachery, she was wounded several times, for the sudden appearance of the accused, armed with a penknife, already opened and in readiness, and the instantaneous attack he made on her, must have caused her surprise and fear. all these details prove conclusively that the crime was committed with perfect safety to the aggressor who employed means in its execution which tended directly and particularly to insure the consummation thereof without any risk to himself from any sort of defense which his victim might have made.

Notwithstanding the fact that the offended party had the good fortune to be cured in less than one month of the sixteen wounds inflicted on her thanks to the prompt assistance and to the proper treatment rendered her by a military physician in the hospital of Naic, the crime, however, has the characteristics of however, has the characteristics of frustrated murder; the accused, with the criminal intent to kill the young woman, out of spite because she refused to listen to his pretensions of love, as appears of record, did everything that would usually lead to the consummation of the crime and the death of the assaulted woman, although such death did not occur for reasons independent of the will of the aggressor, because notwithstanding the fact that he saw her fall to the ground senseless after the first blows upon her breast, he still continued to attack her and inflicted on her several other wounds numbering sixteen in all. It is therefore undeniable that the accused, with the decided intention to kill the said young woman, awaited her on the street on the morning in question, and in order to insure the crime which he had premeditated, caught the woman by the band so that she might not escape, and, after she was lying senseless on the ground, he still continued to attack her, and left her only after inflicting sixteen wounds, and believing her to be dead and that his wicked intention had been consummated.

The accused, Candido Poblete, the proven and fully convicted author of the above-mentioned crime, as already shown by the result of the proceedings, pleaded not guilty; his exculpatory allegations have been contradicted by the eyewitness, one of whom, Toribia Unson, was wounded by him in the forehead, and the other Gliceria Velgrado, was also pursued by the accused, but the blow aimed at her only reached the veil that she wore over her head.

In the commission of the crime neither aggravating or mitigating circumstance is present; nor was there loss of reason and self-control, said to have been produced by the fact that the offended party refused to admit proposals of love made by the accused, for the reason that, as he was not pleasing to her, she was under no obligation to meet his wishes, and, furthermore, it does not appear that she gave any provocation, or that she gave any offense which might have caused loss of reason and self-control on the part of the accused. On the contrary, the record shows that, from the time when a correction was imposed on the accused at the court of the justice of the peace in June, 1906, for having gone at midnight to the house where the injured party lived, without the consent of any of the occupants thereof, at which time he was caught in the interior of the house, he being no longer able to call on his sweetheart, he threatened several times that he would kill her with the penknife used in committing the crime, and said threat he repeated one week before the affray. From all of this it appears that, owing to his disappointment in love, and long before the crime, he conceived the criminal idea to kill her; his purpose to kill her; his purpose to kill the object of his amorous prosecutions is thus corroborated.

After taking into consideration the circumstances of the deed, and in the present case the trivial nature of the wounds inflicted upon the injured party, which were cured in less than one month, article 407 of the Penal Code authorizes courts to punish, within their rational discretion, the crime of frustrated murder with a penalty lower by one degree, imposing in its medium grade the penalty of presidio correccional in its maximum degree to presidio mayor in its medium grade, which is the penalty next lower to that imposed by article 65 of the Penal Code.

Therefore it is our opinion that the judgment appealed from should be reversed, and that the accused, Candido Poblete, should be sentenced to the penalty of six years and one day of presidio mayor, to suffer the accessory penalties of article 57 of the code, to indemnify the injured party for her medical expenses without subsidiary imprisonment in case of insolvency, in view of the nature of the main penalty, according to article 51 of the code, and to pay the costs of both instances. So ordered.

Mapa, Johnson, Carson and Tracey, JJ., concur.

Arellano, C.J., and Willard, J., dissent.

Back to Home | Back to Main

ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. :
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review :
ChanRobles CPA Review Online

ChanRobles CPALE Review Online :
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man :

March-1908 Jurisprudence                 

  • G.R. No. L-3457 March 2, 1908 - YU BUNUAN ET AL. v. ORESTES MARCAIDA

    010 Phil 265

  • G.R. No. L-4065 March 2, 1908 - BRUNO VILLANUEVA v. MAXIMA ROQUE

    010 Phil 270

  • G.R. No. L-3717 March 5, 1908 - FELIX VELASCO v. MARTIN MASA

    010 Phil 279

  • G.R. No. L-4237 March 5, 1908 - SERAFIN UY PIAOCO v. JOSE MCMICKING

    010 Phil 286


    010 Phil 292

  • G.R. No. 4438 March 7, 1908 - UNITED STATES v. JACINTO SUNGA, ET AL

    011 Phil 601

  • G.R. No. L-3811 March 7, 1908 - UNITED STATES v. FRANCISCO BLANCO

    010 Phil 299

  • G.R. No. L-4026 March 7, 1908 - UNITED STATES v. PASCUAL DULAY

    010 Phil 302


    010 Phil 306

  • G.R. No. 4131 March 9, 1908 - SERAPIO AVERIA v. LUCIO REBOLDERA

    010 Phil 316

  • G.R. No. 4347 March 9, 1908 - JOSE ROGERS v. SMITH

    010 Phil 319

  • G.R. No. 3279 March 11, 1908 - CITY OF MANILA v. INSULAR GOVERNMENT ET AL.

    010 Phil 327

  • G.R. No. L-2129 March 12, 1908 - C. HEINZEN & CO. v. JAMES J. PETERSON, ET AL.

    010 Phil 339

  • G.R. No. L-3523 March 12, 1908 - CARIDAD MUGURUZA v. INT’L. BANKING CORP.

    010 Phil 347

  • G.R. No. L-3855 March 12, 1908 - EUFEMIA LORETO v. JULIO HERRERA

    010 Phil 354

  • G.R. No. L-3907 March 12, 1908 - ROMAN ABAYA v. DONATA ZALAMERO

    010 Phil 357


    010 Phil 360

  • G.R. No. L-4087 March 12, 1908 - UNITED STATES v. AMADOR BARRIOS

    010 Phil 366

  • G.R. No. L-4341 March 12, 1908 - UNITED STATES v. MARCOS ROJO

    010 Phil 369

  • G.R. No. L-469 March 13, 1908 - T. H. PARDO DE TAVERA v. HOLY ROMAN CATHOLIC CHURCH

    010 Phil 371

  • G.R. No. L-3848 March 13, 1908 - UNITED STATES v. ANDRES GIMENO

    010 Phil 380

  • G.R. No. 4146 March 13, 1908 - UNITED STATES v. PETRA DE GUZMAN

    010 Phil 382

  • G.R. No. L-3951 March 14, 1908 - UNITED STATES v. FELICIANO GARCIA

    010 Phil 384

  • G.R. No. L-4169 March 14, 1908 - WILHELM BAUERMANN v. MAXIMA CASAS

    010 Phil 386

  • G.R. No. L-4205 March 16, 1908 - JULIAN CABAÑAS v. DIRECTOR OF LANDS

    010 Phil 393

  • G.R. No. L-4077 March 17, 1908 - MACARIA MATIAS v. AGUSTIN ALVAREZ

    010 Phil 398

  • G.R. No. L-4127 March 17, 1908 - UNITED STATES v. CHARLES J. KOSEL

    010 Phil 409

  • G.R. No. 4051 March 18, 1908 - CATALINA BERNARDO v. VICENTE GENATO

    011 Phil 603

  • G.R. No. L-3606 March 18, 1908 - IGNACIO ACASIO v. FELICISIMA ALBANO

    010 Phil 410

  • G.R. No. L-3699 March 18, 1908 - UNITED STATES v. BENITO CUSI

    010 Phil 413

  • G.R. No. L-4007 March 18, 1908 - WARNER BARNES & CO. v. E. DIAZ & CO.

    010 Phil 418

  • G.R. No. L-4213 March 18, 1908 - UNITED STATES v. POTENCIANO REYES

    010 Phil 423

  • G.R. No. L-4233 March 18, 1908 - EXEQUIEL DELGADO v. MANUEL RIESGO

    010 Phil 428

  • G.R. No. L-4318 March 18, 1908 - UNITED STATES v. GENEROSO ACADEMIA

    010 Phil 431

  • G.R. No. L-4147 March 19, 1908 - AGRIPINO DE LA RAMA v. CONCEPCION SANCHEZ, ET AL.

    010 Phil 432


    010 Phil 435

  • G.R. No. L-3904 March 20, 1908 - KO POCO v. H. B. McCOY

    010 Phil 442

  • G.R. No. L-4104 March 20, 1908 - JAO IGCO v. W. MORGAN SHUSTER

    010 Phil 448

  • G.R. No. L-4155 March 20, 1908 - RUPERTO BELZUNCE v. VALENTINA FERNANDEZ

    010 Phil 452

  • G.R. No. L-4158 March 20, 1908 - UNITED STATES v. MATEO CARIÑO

    010 Phil 456

  • G.R. No. L-4196 March 20, 1908 - BENWIT ULLMANN v. FELIX ULLMANN and CO.

    010 Phil 459


    010 Phil 472

  • G.R. No. L-4399 March 20, 1908 - BENITO LEGARDA v. S. L. P. ROCHA Y RUIZDELGADO

    010 Phil 474

  • G.R. No. L-4436 March 20, 1908 - UNITED STATES v. FRANCISCO CASTRO DI TIAN LAY

    010 Phil 476

  • G.R. No. 4109 March 21, 1908 - UNITED STATES v. JULIANA TORRES

    011 Phil 606

  • G.R. No. L-3968 March 21, 1908 - UNITED STATES v. MARCOS LOPEZ

    010 Phil 479

  • G.R. No. L-3975 March 21, 1908 - UNITED STATES v. ANGEL MARIN

    010 Phil 481

  • G.R. No. L-4167 March 21, 1908 - RAFAELA SALMO v. LUISA ICAZA

    010 Phil 485

  • G.R. No. L-4300 March 21, 1908 - MARIA BARRETTO v. LEONA REYES

    010 Phil 489

  • G.R. No. L-4324 March 21, 1908 - UNITED STATES v. CASIMIRO OLLALES

    010 Phil 493

  • G.R. No. L-3550 March 23, 1908 - GO CHIOCO v. INCHAUSTI & CO.

    010 Phil 495

  • G.R. No. L-3780 March 23, 1908 - UNITED STATES v. PEDRO SELLANO

    010 Phil 498

  • G.R. No. L-4132 March 23, 1908 - IN RE: MARIA SIASON Y MADRID DE LEDESMA

    010 Phil 504

  • G.R. No. L-4215 March 23, 1908 - LUCIO I. LIMPANGCO v. JUANA MERCADO

    010 Phil 508

  • G.R. No. L-4274 March 23, 1908 - JOSE ALANO v. JOSE BABASA

    010 Phil 511

  • G.R. No. L-4352 March 24, 1908 - UNITED STATES v. RICARDO BAYOT

    010 Phil 518

  • G.R. No. L-2674 March 25, 1908 - JOAQUIN JOVER Y COSTAS v. INSULAR GOV’T., ET AL.

    010 Phil 522

  • G.R. No. L-3357 March 25, 1908 - UNITED STATES v. A. W. PRAUTCH

    010 Phil 562

  • G.R. No. L-4012 March 25, 1908 - MAXIMO CORTES Y PROSPERO v. CITY OF MANILA

    010 Phil 567

  • G.R. No. L-4063 March 25, 1908 - UNITED STATES v. JUAN MARIÑO, ET AL.

    010 Phil 571

  • G.R. No. L-4091 March 25, 1908 - UNITED STATES v. BERNABE BACHO

    010 Phil 574

  • G.R. No. L-4354 March 25, 1908 - UNITED STATES v. CANDIDO POBLETE

    010 Phil 578

  • G.R. No. L-4418 March 25, 1908 - UNITED STATES v. ANDRES V. ESTRADA

    010 Phil 583

  • G.R. No. L-3339 March 26, 1908 - ROSA LLORENTE v. CEFERINO RODRIGUEZ

    010 Phil 585

  • G.R. No. L-3812 March 26, 1908 - PHIL. SUGAR ESTATES DEV’T. CO. v. BARRY BALDWIN

    010 Phil 595

  • G.R. No. L-4100 March 26, 1908 - MARIA SINGAYAN v. CALIXTA MABBORANG

    010 Phil 601

  • G.R. No. L-4121 March 26, 1908 - UNITED STATES v. PEDRO GARCIA

    010 Phil 603

  • G.R. No. L-4175 March 26, 1908 - A. W. BEAN v. B. W. CADWALLADER CO.

    010 Phil 606

  • G.R. No. L-4207 March 26, 1908 - JUAN VALLE v. SIXTO GALERA

    010 Phil 619

  • G.R. No. L-4265 March 26, 1908 - UNITED STATES v. LUIS PASCUAL

    010 Phil 621

  • G.R. No. L-4322 March 26, 1908 - INOCENTE MARTINEZ v. G. E. CAMPBELL

    010 Phil 626

  • G.R. No. L-4376 March 26, 1908 - UNITED STATES v. LIM SIP

    010 Phil 627

  • G.R. No. L-4420 March 26, 1908 - UNITED STATES v. NARCISO CAGUIMBAL

    010 Phil 630

  • G.R. No. 4160 March 26, 1908 - ANGEL GUSTILO, ET AL. v. FEDERICO MATTI, ET AL.

    011 Phil 611

  • G.R. No. 3539 March 27, 1908 - MANUEL RAMIREZ, ET AL. v. INSULAR GOVERNMENT

    011 Phil 617

  • G.R. No. 4372 March 27, 1908 - ENRIQUE M. BARRETTO v. CITY OF MANILA

    011 Phil 624

  • G.R. No. L-3612 March 27, 1908 - DOMINGO LIM v. JOSE LIM

    010 Phil 633


    010 Phil 637

  • G.R. No. L-4037 March 27, 1908 - LIM JAO LU v. H. B. McCOY

    010 Phil 641

  • G.R. No. L-4200 March 27, 1908 - UNITED STATES v. SEGUNDO SAMONTE

    010 Phil 642

  • G.R. No. L-4203 March 27, 1908 - MANUEL CRAME SY PANCO v. RICARDO GONZAGA

    010 Phil 646

  • G.R. No. L-4469A March 27, 1908 - FELIPE G. CALDERON v. JOSE MCMICKING

    010 Phil 650

  • G.R. No. L-4017 March 28, 1908 - UNITED STATES v. PEDRO MARIÑO

    010 Phil 652


    010 Phil 659

  • G.R. No. L-4198 March 30, 1908 - JUAN MERCADO v. JOSE ABANGAN

    010 Phil 676

  • G.R. No. L-4222 March 30, 1908 - UNITED STATES v. BASILIO CERNIAS

    010 Phil 682

  • G.R. No. L-4281 March 30, 1908 - JOSE GARRIDO v. AGUSTIN ASENCIO

    010 Phil 691

  • G.R. No. L-4377 March 30, 1908 - UNITED STATES v. VICENTE GARCIA GAVIERES

    010 Phil 694

  • G.R. No. L-3469 March 31, 1908 - JOSEFA AGUIRRE v. MANUEL VILLABA

    010 Phil 701

  • G.R. No. L-4078 March 31, 1908 - CONCEPCION MENDIOLA v. NICOLASA PACALDA

    010 Phil 705


    010 Phil 707