Dictionary:

People vs Listerio  Indicted – Accused/charged with a serious

crime
Criminal Liability > Stages of Commission  Convicted – Found guilty of a crime
Date: July 5, 2000  Subjective Phase – The portion of the acts
Ponente: Ynares-Santiago, J. constituting the crime included between
the act which begins the commission of the
crime and the last act performed by the
offender which, with the prior acts, should
SUMMARY: result in the consummated crime.
Agapito Listerio, Marlon dela Torre and George dela Torre, who were armed with bladed weapons, stabbed Jeonito Art 6 RPC
Araque from behind. Jeonito sustained three stab wounds on the upper right portion of his back, another on the lower Consummated, frustrated, and attempted
right portion and the third on the middle portion of the left side of his back causing him to fall down. Marlon Araque was felonies. - Consummated felonies as well as those
which are frustrated and attempted, are
hit on the head by Samson dela Torre and Bonifacio Bancaya with lead pipes and momentarily lost consciousness. When punishable.
he regained his senses three minutes later , Jeonito was already dead.
A felony is consummated when all the elements
necessary for its execution and accomplishment
ISSUES: Marlon Araque based on the testimony of Dr. are present; and it is frustrated when the
1. WON Agapito Listerio and his colleagues are Manimtim. offender performs all the acts of execution
which would produce the felony as a
guilty of Frustrated or Attempted Homicide. consequence but which, nevertheless, do not
FACTS: HOLDING: produce it by reason of causes independent of
1. Deceased Jeonito Araque and his brother 1. The lower court erred in convicting of the will of the perpetrator.

Marlon Araque were collecting money when
they were set upon by the accused Agapito
Listerio and his colleagues Samson dela Torre,
George dela Torre, Marlon dela Torre, and
Bonifacio Bancaya.
1. The accused was indicted for the Murder of
Jeonito Araque and the Frustrated Homicide of
Marlon Araque
2. The defence claims that Marlon Araque’s
uncorroborated statement could not positively
identify him as the malefactor responsible for
his brother’s death. Further, the prosecution
could not prove treachery and conspiracy as
required by the charge of murder.
3. Marlon Araque’s testimony positively identified
him by name and face.
4. Dr. Manimtim, the doctor who treated Marlon
Araque’s wounds testified that none of his
wounds were fatal.
5. The accused was convicted with the Murder of
Jeonito Araque and the Attempted Homicide of
Attempted and not Frustrated Homicide
because it is not the gravity of the wounds but
whether or not the subjective phase has been
passed that determines if a crime is frustrated
or attempted. The assailants only ceased their
acts when they thought that both brothers
were dead before their flight, indicating that
they had performed the act until they had
voluntarily desisted.
2. (For Jeonito Araque = Murder). It is murder
because conspiracy could be proven by the fact
that they were a group with the same purpose
and were united in its execution, i.e. to kill the
Araque brothers. Treachery was shown by the
method of killing: bladed and blunt weapons
while blocking (“hinarang”) the path of the
brothers.
RULING:
The appealed decision is affirmed and modified:
Accused-Appellant is found guilty of Frustrated Homicide.
There is an attempt when the offender
commences the commission of a felony directly
or over acts, and does not perform all the acts of
execution which should produce the felony by
reason of some cause or accident other than this
own spontaneous desistance.
According to the Court
A felony is frustrated when:
1. The offender has performed all the acts
which would produce the felony
2. The felony is not produced due to causes
independent of the perpetrator’s will
A felony is attempted when:
1. The offender commences the acts
constituting the felony
2. The offender is unable to complete all the
acts
3. The failure to perform all the acts was not
his own voluntary desistance
In attempted crimes, the offender never passes
the subjective phase. He is interrupted and
compelled to desist by the intervention of
outside causes before the subjective phase
passed.
In frustrated crimes, the subjective phase is
completely passed. Subjectively, the crime is
complete.