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People vs Pilones

Facts: A wake or vigil for the dead (lamayan) was held in a house. Shortly after midnight, the house was stoned. Ilagan and the others, who are present in the vigil, came out of and went to the street to find out who had hurled the stones. As Ilagan stood on the lighted street, he was shot in the knee and fell on the ground. Tony went to his assistance but was also shot. Tony died on the way to the hospital. Ilagan was also brought to the hospital where he was treated for two weeks. Assailant was identified as Manuel Pilones. Pilones was convicted of murder of Antonio Tony Renolia and frustrated murder of Nicanor Ilagan. Issue: Whether or not the crime is frustrated murder. Held: No. The trial court erred in holding that the crime as to Ilagan is frustrated murder. The wound in his knee was not sufficient to cause his death. The crime is only attempted murder. The accused did not perform all the acts of execution that would bring about the death of Ilagan.