Art 6.
Consummated, frustrated, and
attempted
felonies.
Consummated
felonies, as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated 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.
There is an attempt when the offender
commences the commission of a felony
directly by overt acts, and does not perform
all the acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance.
Felonies - acts and omissions punishable by
the Revised Penal Code.
Elements of felonies
There is an attempt when the offender
commences the commission of felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony
by reason of some cause or accident other
than his own spontaneous desistance.
Development of a crime
1. Internal acts- mere ideas in the mind of a
person are not punishable even if, had they
been carried out, they would constitute a crime.
Intention and effect must concur.
2. External acts
a. preparatory acts- ordinarily they are not
punishable. Hence, the proposal and
conspiracy to
commit a felony are not
punishable except when the law provides for
their punishment in certain felonies. (Art 8)
those initial acts of a person who has
conceived the idea of committing a crime, but
which cannot by themselves logically and
necessarily ripen into a concrete offense.
1. there must be an act or omission
ex: buying or obtaining an instrument to
commit a murder, homicide, robbery, or
abortion, preparing false vouchers and receipts
2. act or omission is punishable by the Revised
Penal Code.
Preparatory acts that are punishable:
3. the act is performed or the omission incurred
by means of dolo or culpa.
1. conspiracy to commit treason, rebellion and
sedition
2. proposal to commit treason and rebellion
A felony is consummated
when all the
elements necessary for its execution and
accomplishment are present.
It is frustrated 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.
3. preparatory acts considered in themselves,
by law as independent crimes like
a. possession of picklocks preparatory to the
commission of robbery
b. possession of unlicensed firearm
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Art 8. Conspiracy and proposal to commit a
felony- Conspiracy and proposal to commit
a felony are punishable only in the cases in
which the law specially provides a penalty
therefore.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Conspiracy which are punishable by RPC.
1.
1. Treason (Art 115)- the crime of
betraying one's country, especially by
attempting to kill the sovereign or overthrow
the government.
Any person who, owing allegiance to (the
United States or) the Government of the
Philippine Islands, not being a foreigner, levies
war against them or adheres to their enemies,
giving them aid or comfort within the Philippine
Islands or elsewhere, shall be punished by
reclusion temporal to death and shall pay a fine
not to exceed P20,000 pesos.
2. Rebellion (Art 136)- It refers to the open
resistance against the orders of an established
authority.
coup d'etat, rebellion or insurrectionprision mayor (six years and one day to
twelce years) in minimum period and a fine
which shall not exceed eight thousand
pesos (P8,000.00).
rebellion
or
insurrectionprision
correccional (six months and a day to six
years) in its minimum period and a fine
which shall not exceed 5000 pesos
3. Sedition (Art 141)- is overt conduct, such as
speech and organization, that tends toward
insurrection against the established order.
prision correccional in its medium period
and a fine not exceeding 2,000 pesos.
When the conspiracy relates to a crime actually
committed, it is not a felony but only a manner
of incurring criminal liability. When there is a
conspiracy, the act of one is the act of all. It is
not punishable as a separate offense.
Treason- against the external security of the
State
Coup d'etat, rebellion and sedition- against
internal security.
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But preparatory acts which are considered in
themselves, by law, as independent crimes are
punishable. Ex: possession of picklock (Art
304) preparatory act to the commission of
robbery.
Preparatory acts do not have direct connection
with the crime which the offender intends to
commit
b. Acts of execution - punishable under the
Revised Penal Code.
ATTEMPTED FELONY- first stage of the acts
of execution
There is an attempt when the offender begins
the commission of a felony directly by overt
acts. He has not performed all the acts of
execution which should produce the felony.
Elements of attempted felony
1. The offender commences the commission of
the felony directly by overt acts
2. He does not perform all the acts of execution
which should produce the felony
3. The offender's act is not stopped by his own
spontaneous desistance
4. The non-performance of all acts of execution
was due to cause or accident other than his
spontaneous desistance
Important Words
Commences the commission of a felony
directly by overt acts
Only offenders who personally execute the
commission of a crime can be guilty of
attempted felony.
1. there be external acts
2. such external acts have direct connection
with the crime intended to be committed.
1."Directly by overt acts."
The word "directly" suggests that the offender
must commence the commission of the felony
by taking direct part in the execution of the act
overt acts- some physical activity or deed,
indicating the intention to commit a particular
crime, more than a mere planning or
preparation which if carried to its compete
termination following its natural course, without
being frustrated by external obstacles nor by
the voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.
When there is a conspiracy, the rule is - the act
of one is the act of all.
Overt act may not be by physical activity.because of their nature or the manner of
committing them (proposal in making an offer
of money to a public officer for the purpose of
corrupting him)
If anything yet remained for him to do, he
would be guilty of an attempted crime.
Indeterminate offense - it is one where the
purpose of the offender in performing an act is
not certain. Its nature in relation to its objective
is ambiguous.
The intention of the accused must be
viewed from the nature of the acts executed
by him, and not from his admission.
The intention of the accused must be
ascertained from the facts and, therefore, it is
necessary that the mind be able to directly infer
from them the intention of the perpetrator to
cause a particular injury.
The overt acts leading to the commission of the
offense are not punishable except when they
are aimed directly at its execution, and
therefore they must have an immediate and
necessary relation to the offense.
2. "Does not perform all the acts of execution."
If the offender has performed all the acts of
execution - nothing more is left to be done - the
stage of execution is that of a frustrated felony,
if the felony is not produced; or consummated,
if the felony is produced.
3. "By reason of some cause or accident."
Cause-situation/person
execution of the crime
hindered
for
the
Accident-failure of the object to be used in a
crime
4. "Other than
desistance."
his
own
spontaneous
If the actor does not perform all the acts of
execution by reason of his own spontaneous
desistance, there is no attempted felony. The
law does not punish him.
Reason: It is a sort of reward granted by law to
those who, having one foot on the verge of
crime, heed the call of their conscience and
return to the path of righteousness
The desistance may be thru fear or remorse. It
is not necessary that it be actuated by a good
motive.
a. the desistance should be made before all
the acts of execution are performed.
2. that the felony is not produced due to
causes independent of the perpetrator's will
b. the desistance which exempts from
criminal liability has reference to the crime
intended to be committed, and has no
reference to the crime actually committed
by the offender before his desistance.
Important Words
Subjective phase of the offense- portion of the
acts constituting the crime, starting from the
point where the offender begins the
commission of the crime to that point where he
has still control over his acts, including their
natural course.
Attempted felony never passes
subjective phase of the offense.
the
Note: In crimes involving violence and there is
intent to kill, the offender does not perform all
the acts of execution if he does not inflict a
mortal wound. The crime is only in the
attempted stage.
Note: Plain and simple killing is homicide. If the
killing is attended by any qualifying aggravating
circumstance under Art 248, the killing is
catapulted to Murder.
FRUSTRATED FELONY
Elements:
1. The offender performs all the acts of
execution
2. All the acts performed would produce the
felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the will
of the perpetrator
Requisites:
1. that the offender has performed all the acts
of execution which would produce the felony
1. Performs all the acts of execution
In frustrated felony, the offender must perform
all the acts of execution. Nothing more is left to
be done by the offender, because he has
performed the last act necessary to produce a
crime.
Attempted
Offender does not
perform all the acts
of execution
He
does
not
perform the last
act necessary to
produce a crime.
Frustrated
the offender must
perform all the acts
of execution
He has performed
the
last
act
necessary
to
produce a crime
The belief of the accused need not to be
considered. What should be considered is
whether all the acts of execution performed by
the offender "would produce the felony as a
consequence."
2. would produce the felony as a consequence
In crimes against persons, as homicide, which
requires the victim's death to consummate the
felony, it is necessary for the frustration of the
same that a mortal wound would be inflicted,
because then the wound could produce the
felony as a consequence.
3. do not produce it
In frustrated felony, the acts performed by the
offender do not produce the felony, because if
the felony is produced it would be
consummated.
4. independent of the will of the perpetrator
If the crime is not produced because the
offender himself prevented its consummation,
there is no frustrated felony, for the 4th element
is not present.
Theft- consummated when the thief is able to
take or get hold of the thing belonging to
another, even he is not able to carry it away
Estafa- when the offended party is actually
damaged or prejudiced
Felonies that have no attempted or frustrated
stages of execution
1. Treason - overt act itself constitutes a crime
In both, the offender has not accomplished his
criminal purpose
2. Felonies by omission like misprision of
treason
3. Flight to enemy's country
4. False testimony
5. Abuse against chastity
6. Corruption of minors- mere proposal to
minor constitute a crime
7. Formal crimes, like slander - no attempted
and frustrated stages of execution because
they are consummated in one instant by a
single act.
CONSUMMATED FELONY
-when all the elements necessary for its
execution and accomplishment are present.
IMPORTANT WORDS
In determining the stage of felony, consider:
Nature of offense
Elements constituting felony
Manner of committing
Nature of crime
Arson- if there was a blaze, but no part of the
house is burned, the crime of arson is
frustrated. If any part of the house, no matter
how small, is burned, the crime of arson is
consummated.
8. impossible crimes
IMPOSSIBLE CRIME
an act which would be an offense against
persons or property were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means
Requisites
1. The act performed would be offense against
persons or property;
2. The act was done with evil intent;
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual;
4. That the act performed should not constitute
a violation of another provision of the Revised
Penal Code.
