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Jurisprudence Criminal Law

Frustrated Felony

When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Where the offender treacherously inflicted a wound upon the victim which was sufficient to have caused death, but the victim survives by reason of prompt medical attention, the offender is liable for frustrated murder.

(PEOPLE vs. MISION. G.R. No. 63480. February 26,1991)

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