ARTICLE 6 & 7, RPC
Wednesday, 4 September 2019
10:21 AM
Article 6. Consummated, frustrated, and attempted felonies.
Consummated felonies, as well 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 result to
a felony as a consequence, but nevertheless, do not produce it by the 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 over acts,
and does not perform all the acts of execution which should produce the felony by reasons of some
cause or accident other than his own spontaneous desistance.
Development of crime
a. Internal Acts
Mere ideas of the mind and are not punishable
Intention and effect must concur for it to be a crime, absence of one=not a crime
b. External Acts
Preparatory Acts
Ordinarily they are not punishable EXCEPT when
The law provides for their punishment in certain felonies
Considered by law as independent crimes (eg. Possession of picklocks is
considered preparatory for the commission of robbery)
Example of acts not punishable:
Buying poison/carrying a weapon which to kill the intended victim
Carrying inflammable materials to the place where a house is to be
burned
Acts of Execution
Punishable under R.P.C.
Stages of acts of execution
1st stage: attempted
2nd stage: frustrated
3rd stage: consummated
Attempted felony
Elements of Attempted Felony:
1. Offender commences the commission directly by over acts
Requisites:
1. There be external acts
2. Such acts have direct connection with the crime intended to be committed
Overt act: some physical activity or deed indicating the intention to commit a particular
crime, more than a mere planning/preparation, which if carried without any
hindrance, will logically and necessarily ripen to a concrete offence
Preparatory acts and overt acts, distinguished:
Preparatory Acts Overt Acts
1. Act of buying poison did not 1. Poison mixed with the food intended
disclose the intention to kill for a person
2. Drawing/trying to draw a pistol 2. Firing the firearm with intention to kill
3. Raising a bolo as if to strike the 3. Striking of the bolo to the offended
other party party
4. May not be physical activity: proposal
consisting of offering money to public
officer for the purpose of corrupting
constitute as over acts in the crime of
corruption of public officer
Case sample: A was caught at dawn by a policeman while in the act of opening the
wall of a store. Is there attempted robbery?
No. Because only the 1st requisite is present (external act of breaking the wall to
enter the store). The 2nd is lacking for the act of making an opening through the
wall had no direct connection with the crime of robbery. For it to be considered
an attempt, it must be shown that there was clear intent to take the possession.
Crime committed is only attempted trespass.
Intermediate offense: purpose of the offender in performing an act is not certain and
its relation to its objective is ambiguous
Notes:
Acts susceptible of double interpretations must not and cannot be grounds for
attempted crime
Overt acts leading to the commission of the offense are not punishable except
when they are aimed directly at its execution and therefore must have an
immediate and necessary relation to the offense
Only offenders who personally execute the commission of a crime can be guilty
of attempted felony
When there is conspiracy the rule is: the act on one is the act of all
2. Does not perform all the acts of execution which should produce the felony
If anything is yet remained for an offender to do then he's guilty of attempted crime
3. Offender's act is not stopped by his own spontaneous desistance
NO attempted felony if the offender desists the actual commission of a crime through
fear, remorse, or conscience
Desistance must be made before all the acts of execution are performed to be relieved
from criminal liability
Desistance that exempts criminal liability has reference to the crime intended to be
committed and HAS NO reference to the crime actually committed by the offender
before such desistance
4. Non-performance of all acts of execution was due to cause or accident
Example: timely discovery of another person of the overt act OR when pistol was
pressed the trigger was jammed
IMPORTANT NOTE: if the wound inflicted was NOT MORTAL/there was none, then the stage of
execution is ATTEMPTED
Subjective phase of the offense
o Portion of the acts constituting the crime, starting from the point where the offender begins
the commission to the point where he has still control over his acts
o In attempted felony, offender never passes this phase
Frustrated felony
Requisites:
1. Offender has performed all the acts of execution which would produce the felony
2. Felony is not produced due to causes independent of perpetuator's will
Elements:
1. Performs all the acts of execution
In homicide/murder, if the victim survives despite the last act being
produced=frustrated
If the victim dies=consummated
Note: 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
2. Would produce the felony as a consequence
IMPORTANT NOTE: if the wound inflicted was MORTAL/SUFFICIENT TO CAUSE DEATH
then the stage of execution is frustrated
3. Do not produce it
Because if the felony is produced then it becomes consummated
4. Independent of the will of the perpetuator
Certain causes prevent its consummation like: intervention of 3rd persons
If the crime is not produced because the offender himself prevented it, THERE IS NO
FRUSTRATED FELONY
Offender reached the objective phase
Attempted Felony Frustrated Felony
Offender merely commences the commission of Offender performed all acts of execution
a felony and does not perform all acts which would produce the felony
Offender has not passed the subjective phase Reached the objective phase
Presence of intervention to which offender did No intervention between the beginning of the
not arrive at the point of performing all of the crime and when all of acts have been
acts performed
BOTH: offender has not accomplished his criminal purpose
Attempted/Frustrated Impossible Crime
Evil intent is POSSIBLE of accomplishment Evil intent of the CANNOT BE accomplished
What prevented the accomplishment is the Because it is inherently impossible of
intervention of certain cause/accident in which accomplishment/ because the means
the offender had no part employed by the offender is inadequate or
ineffectual
BOTH: evil intend of the offender is not accomplished
Consummated felony
When not all elements of felony are proved then it is not consummated
How to determine whether the crime is only attempted, frustrated, or consummated:
1. By nature of the offense
2. Elements constituting the felony
3. Manner of committing
1. Nature of Crime
Arson
Attempted: poured gasoline and was about to strike a match but was caught
Frustrated: there was blaze but no part was burned
Consummated: even if only a portion of the wall/house is burned. Consummation
does not depend on the extent of the damage caused
2. Elements
Theft
Attempted: when not performed because of the timely arrival of another party
Frustrated: No crime of frustrated theft. Theft can only be attempted/consummated.
Consummated: thief is able to take hold or get hold of the thing even if he's not able
to carry it away
Estafa
Consummated when the offended part is actually damaged or prejudice
Element of intent to kill, when present in inflicting physical injuries may either be attempted
or frustrated. If the wound is not fatal and intent to kill is not established then it may only
be of less serious physical injuries.
3. Manner of committing the crime
1. Formal Crimes
Consummated in one instant, no attempt
Examples: slander, false testimony, sale of marijuana and other prohibited drugs
2. Crimes consummated by mere attempt or proposal or by overt act
Flight to enemy's country
Corruption of minors
Treason
3. Felony by omission
No attempted stage because in such felony the offender does not execute acts
4. Crimes requiring the intervention of two persons to commit them are consummated by
mere agreement
Examples: betting in sport events / corruption of public officer. Becomes attempted
when the offer is rejected by one party.
5. Material crimes
Crimes not consummated in one instant/by a single act.
Crimes that have 3 stages of execution.
Examples:
Rape
a. Consummated Rape
b. Frustrated Rape: no crime for frustrated rape
c. Attempted Rape
Homicide
a. Consummated Homicide
b. Frustrated Murder
c. Attempted Homicide
Note: There is no attempted or frustrated crime in impossible crime because acts has already
been performed and constitutes consummated offense.
Article 7. When light felonies are punishable.
Light felonies are punishable only when they have been consummated, with the exception of those
committed against persons or property.
Light Felonies
infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided
Punishable by R.P.C.
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
General Rule: Punishable only when they have been consummated. This is because such felony produce
light, insignificant moral and material injuries that public is satisfied for providing light penalty for its
consummation.
Exception: Light felonies committed against persons/property ARE punishable even if
attempted/frustrated. This is because such commission presupposes in the offender moral depravity.
Examples of light felonies against person:
o Slight physical injuries
o Maltreatment
Examples of light felonies against property:
o Theft where trespass is forbidden
o Theft where the value stolen does not exceed 5 Pesos and offender was prompted by
hunger, poverty etc.
o Alteration of boundary marks
o Malicious mischief where damages do not exceed 200 Pesos
