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Frustrated Crime Case: Borinaga vs. Mooney

Basilio Borinaga was involved in constructing a fish corral for Harry Mooney along with Juan Lawaan. When Mooney refused to pay the full amount owed until the project was complete, Lawaan threatened Mooney. That evening, Borinaga attacked Mooney with a knife as he sat in a chair at a neighbor's store, but the knife lodged in the back of the chair without harming Mooney. Borinaga then stated his intent to stab Mooney and returned minutes later with a knife, but could not carry out a second attack as Mooney and the neighbor were now on guard. The court ruled the crime was frustrated because Borinaga had performed all acts to carry out the stabbing and

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114 views2 pages

Frustrated Crime Case: Borinaga vs. Mooney

Basilio Borinaga was involved in constructing a fish corral for Harry Mooney along with Juan Lawaan. When Mooney refused to pay the full amount owed until the project was complete, Lawaan threatened Mooney. That evening, Borinaga attacked Mooney with a knife as he sat in a chair at a neighbor's store, but the knife lodged in the back of the chair without harming Mooney. Borinaga then stated his intent to stab Mooney and returned minutes later with a knife, but could not carry out a second attack as Mooney and the neighbor were now on guard. The court ruled the crime was frustrated because Borinaga had performed all acts to carry out the stabbing and

Uploaded by

jason caballero
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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THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-

appellee, vs. BASILIO BORINAGA, defendant-appellant.

FACTS:

Harry H. Mooney, 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, 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 agreed upon at that time

Lawaan warned him that if he did not pay, something would


happen to him.

On the evening of the same day, Mooney was in the store of a


neighbor Perpetua Najarro. He had taken a seat on a chair in front
of Perpetua, his back being to the window.

Perpetua saw Basilio Borinaga from the window strike with a knife
at Mooney, but the knife lodged in the back of the chair on which
Mooney was seated.

Mooney fell from the chair as a result of the force of the blow, but
was not injured. Borinaga ran away towards the market place.
Before this occurred, it should be stated that Borinaga had been
heard to tell a companion: "I will stab this Mooney

But Borinaga was persistent in his endeavor, and hardly ten


minutes after the first attack, he returned, knife in hand, to renew it,
out was unable to do so because Mooney and Perpetua were then
on their guard.

ISSUE:

WHETHER OR NOT THE CRIME IS FRUSTRATED?

RULLING: YES! As Boriniga performed all the acts of


execution. There was nothing left that he could do further to
accomplished the work. The reason of failure on his behalf is
by causes of the independent of the will of the perpetrator.
The subjective phase of the criminal act was passed. Insert
subjective phase definition.

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