7/15/24, 10:38 AM Case Digest: G.R. No. 33463 - G.R. No. 33463.
December 18, 1930
Title
G.R. No. 33463. December 18, 1930
Case Decision Date
G.R. No. 33463
In a Philippine Jurisprudence case, Basilio Borinaga is convicted of frustrated
murder after attempting to stab an American man, but failing to inflict any
injuries due to the knife getting lodged in the back of a chair.
Case Digest (G.R. No. 33463)
Comprehensive
Facts:
The case involves Basilio Borinaga, who was convicted of frustrated murder for
attempting to stab an American man, Harry H. Mooney, on March 4, 1929, in Calubian,
Leyte. Mooney had contracted with Juan Lawaan for the construction of a fish corral,
and Borinaga was associated with Lawaan in this project. On the morning of the
incident, Lawaan and his men went to Mooney's shop to collect the full contract amount
despite only completing two-thirds of the work. Mooney refused to pay, leading Lawaan
to threaten him. That evening, while Mooney was seated in a neighbor's store with his
back to a window, Borinaga attempted to stab him through the window. The knife lodged
in the back of Mooney's chair, causing Mooney to fall but not injuring him. Borinaga fled
but returned shortly after to attempt another attack, which was thwarted when Mooney
and the store owner, Perpetua Najarro, shone a flashlight on him. The Court of First
Instance of Leyte convicted Borinaga of frustrated murder, sentencing him to fourteen
years, eight months, and one day of imprisonment.
Issue:
The main issue raised in the case was whether the facts constituted frustrated murder or
attempted murder within the meaning of Article 3 of the Penal Code.
Ruling:
The Supreme Court affirmed the lower court's decision, holding that the crime
committed was frustrated murder.
Ratio:
The Court reasoned that Borinaga had performed all the acts of execution necessary to
commit murder, but the crime was not consummated due to forces independent of his
https://jur.ph/jurisprudence/digest/people-v-borinaga#_ 1/2
7/15/24, 10:38 AM Case Digest: G.R. No. 33463 - G.R. No. 33463. December 18, 1930
will—specifically, the knife lodging in the chair instead of Mooney's back. The Court
emphasized that Borinaga's intent to kill was evident from his statements and actions.
The blow was directed treacherously towards a vital organ, using a deadly weapon, and
the failure to inflict injury was due to an external factor, not Borinaga's voluntary
desistance. Hence, the subjective phase of the criminal act was completed, qualifying the
crime as frustrated murder. The Court dismissed the defense of alibi and found no
reason to reduce the crime to attempted murder, citing the wanton disregard for human
life demonstrated by Borinaga's actions. The decision was based on the provisions of the
Penal Code in effect at the time, as the case was decided in 1930, prior to the 1987
Philippine Constitution.
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