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 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.

Attempted felony – not performed all the acts of execution which should produce the felony

Elements of Attempted felony

- Commences the commission of the felony directly by overt acts- Not All acts of execution performed- Not stopped by his own spontaneous desistance.- Not All acts of execution performed due to cause or accident other than spontaneous

desistance.

Must have external acts – acts must be in direct connection with crime intended

Preparatory acts – no direction connection therefore not attempted felony

Overt act

- some physical activity or deed- indicating intention - that will logically and necessarily ripen into concrete offense- may not be physical -> some felonies by their nature do not require physical activity to commit.

Ie. Proposal making (corrupting public officer).

Indeterminate Offense – Purpose of offender not certain. Ambiguous objective.

Directly by overt acts ie. Conspiracy - the act of one is the act of all.

Intention of accused

– must be viewed from nature of acts– not from admission of accused

Spontaneous Desistance

– Accused stops before committing a felony. – Not required to have a good motive.

– Must be made before all acts are executed to be exempt from liability.

Subjective Phase

- Accused still has control over his acts- Attempted felonies never pass the subjective phase

Frustrated Felony

Elements

- Performs ALL acts- All acts performed would produce felony- But alas, it is not produced.- By reasons or causes independent of the will.

Case: People v. Sy Pio

Facts: Accused entered store. Fired gun. Minor injury. Continued firing to kill. Kiap Healed 20 days.

Held: Attempted Murder. Accused knew he missed therefore kept firing.

Difference between frustrated and attempted felony (wound inflicted)

1. If mortal = Frustrated2. If no wound or wound was not mortal = Attempted

Attempted or frustrated felony distinguished from impossible crime

1. In all, evil intent not accomplished2. Impossible crime = intent CANNOT be accomplished, Attempted or frustrated = Intent has

possibility of accomplishment.3. Failure – Impossible crime = impossible or inadequate or ineffectual, attempted or

frustrated = intervention of 3rd party.

Consummated felony – When all elements are necessary for its execution and accomplishment “are present.”

When not all the element are proved

1. Not shown to be consummated2. “ “ committed3. Or another felony has shown to have been committed

Nature of crime

Arson

– Consummation - only a portion of object needs to be burned.– Frustrated – if there was a blaze– Attempted - poured gasoline, lighted match

Theft

- Consummated – to take or get hold (even not able to carry away) but can be disposed of at once.

- Frustrated??? - Can’t be disposed of at once ex. Boxes of rifles inside a compound- Attempted – without lawful taking as an act of execution

THERE IS NO CRIME OF FRUSTRATED THEFT

- QUESTION: When is the time of theft produced?- Unsure of time of completion. What are other standards of completion? Not important.

Estafa

- Consummated – Party is actually damaged or prejudiced- Frustrated – all acts executed, no damage Ex. Was suppose to get 3.80 but was arrested before

he could get last 5 cents.- Attempted – Refusal or inability of complainant to achieve act of execution.

Robbery (use of force upon things)

- Consummated – must carry things out of compound- Frustrated – caught before getting stuff out.

Robbery (with violence or intimidation)

- Consummated – gets hold of things and/or can dispose of it freely

Intent to kill

- With: attempted homicide- Without: serious physical injuries

Formal Crimes

- Consummated in one instant, no attempt- Ex. Slander and false testimony, single act

Crimes consummated by mere attempt or proposal by overt act.

- Flight to enemy’s country – attempt to flee to enemy country- Corruption of minors – proposal to satisfy lust of another- No attempts in treason, overt act in itself consummates crime

Felony by omission

- No attempted stage because no acts were executed

Crimes requiring the intervention of two persons to commit then are consummated by mere agreement.

- Consummated by agreement.- Attempted if offer is denied.

Bribery

Frustrated Bribery

Case: People v. Diego Quin

- Failure to corrupt public officer- Gave back money

Attempted Bribery

Case: U.S. v. Te Tong

- Police used P500 bribe as evidence.

Material Crimes – 3 stages of execution (not consummated in one instant or by single act)

Consummated rape

Case: People v. Hernandez

Facts

o Lay on top. o Partial penetration (no hymen, just labia)o Intense pain

Held

o Sufficient = Consummated rape

Frustrated Rape

Case: People V. Erina

Facts

o Doubt in penetrating vagina

Heldo Benefit of the doubt = Frustrated rape

Case: People v. Orita

- Any penetration = consummated- Stray decision in Erina

Attempted Rape

Case: People v. Brocal

- Offended party got away

Consummated homicide

Case: People v. Sazon

Fact

o Shot victim. Left arm.o Co-accused stabbed victim. Chest. Dead.

Heldo No qualifying circumstance for murder

Frustrate Murder

Case: People v. Mision

Fact

o Stabbed Victims. 1 dead, 1 recoveredo Got medical.

Held

o Medical prevent.

Attempted Homicide

Case: People v. Ramolete

Fact

o Wounds not fatalo Warned victim before shooting

Held

o Attempted homicide

There is no attempted or frustrated impossible crime

- Impossible crime – executed all acts but still impossible therefore not attempted- Not frustrated because is already consummated offense.

Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

Exception: Because of presupposes, offender oral depravity.

Punishable by RPC -> arresto menor = imprisonment 1-30 days or fine < P200

o Slight physical injurieso Thefto Alteration bounder marks o Malicious mischiefo Intriguing against honor

Ex. Against person

- Physical injuries- Maltreatment

Ex. Against property

- Theft does not exceed P5- Alteration boundary marks- Malicious mischief – damages not more than P200 – can’t be estimated

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty

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.

IMPORTANT TO NOTE: Mere conspiracy or proposal is not a felony. Needs specific provision in RPC.

Rationale = They are only preparatory acts = Innocent or permissible.

RPC Specially Provides Penalty for Conspiracy

1. Art. 115 – Treason2. Art. 136 – coup d’etat, rebellion or insurrection3. Art. 141 – Sedition (speech leading to insurrection)

CONSPIRACY AS FELONY VS. CONSPIRACY AS A MANNER FOR INCURRING CRIMINAL LIABILITY

Treason, coup d’etat or sedition should not be actually committed

- Sufficient – 2 or more persons agree and decide to commit- If committed – penalty will be for THAT crime. CONSPIRACY IS ABSORBED.

Conspiracy only for incurring criminal liability. -> Act of one is the act of all

- Once crime is committed, all conspirators and executors are equally liable.

Indications of conspiracy

- Acts aimed at the same object.- Unity of purpose and unity of execution.- Each doing part to fulfill common design.

Acts of the defendants must show a common design.

- Neither joint nor simultaneous action is per se sufficient proof.- Obedience to command not necessarily show common design.- Relatives – attacking simultaneously same victim – not sufficient.

Case: People v. Pugay

Facts

- Miranda – Retardate, Pugay Accused. Samson Flamer.- Pugay pour gas on Miranda. Samson Set fire.

Held

- No conspiracy or unity of purpose.- Accused only made fun.- Liable only of act committed by himself.

Time to afford opportunity for meditation and reflection, not required in conspiracy.

- Conspiracy arises -> when plotters agree, expressly or impliedly, to commit and decide.

Article 186 Revised Penal Code Punishing Conspiracy

Monopolies and combinations in restraint of trade.

REQUISITES OF CONSPIRACY

1. 2 or more persons came to an agreement. – Meeting of minds2. Agreement concerned the commission of a felony – agreement to act, to effect, to bring about3. Execution of felony be decided upon – Determination

Direct proof is not essential to establish conspiracy.

- May be inferred – Collective acts, before during and after commission

Quantum of proof required to establish conspiracy

- Proof beyond reasonable doubt- Evidence of actual cooperation- Conspiracy transcend companionship

Case: People v. Comadre

Facts

- Comadre and Lozano present at crime scene- Close relationship with Antonio- Alleged: MORAL SUPPORT

Held

- No factual basis that their presence helped Antonio.

(SAME AS CONSPIRACY) Treason or rebellion should not be actually committed.

- Should not be actually committed by reason of the proposal

REQUISITES OF PROPOSAL

1. Person has decided to commit a felony.2. He Proposes its execution -> other person(s)

NO criminal proposal when

1. Person who proposed not determined to commit the felony. #CommitmentIssues2. No decided concrete and formal proposal – merely a suggestion.

Ex. “Baka gusto niyo mag-rebel? TARA PARE. LET’S DO DIS SHIT. RAMBOOOOO!”- Suggesting rebellion to people who would do it at the slightest provocation.

3. It is not the execution of a felony that is proposed. – Only preparatory acts.Ex. Getting the chicken for the murder without saying that we should murder him.

Desisting

If proponents of rebellion help stop rebellion

Acc. To Albert, they are exempted. Law would rather prevent crimes rather than punish.

But liable to, consummated proposal to commit rebellion.

It is not necessary that the person to whom the proposal is made agrees to commit to treason or rebellion.

The making of proposal -> Felony of proposal.

If accepted by person

Becomes conspiracy

Proposal = overt act of corruption of public officer

Money proposal to induce him not to perform his duties ex. MMDA BAYAD

If Rejected by officer = Attempted bribery -> not punishable by law

Because it does not involve treason or rebellion.

Crimes in which conspiracy and proposal are punishable are against

1. External Security of the State -> Ex. Treason2. Internal Security of the State -> Ex. Coup d’etat, rebellion and sedition3. Economic Security -> Ex. Monopolies and combinations in restraint of trade.

Rationale Security of State

Ordinary Crimes

- State survives the victim- Culprit -> No impunity (exemption from punishment) when successful

Against security of State

- Culprit would obtain power and impunity when successful

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both, is provided.

Afflictive Penalties

1. Reclusion perpetua2. Reclusion temporal3. Perpetual or temporary absolute disqualification4. Perpetual or temporary special disqualification5. Prision Mayor

Correctional penalties

1. Prision correctional2. Arresotor mayor3. Suspension4. Destierro (mere banishment, more for protection than punishment).

Light felonies -> Less than P200

Less grave felonies -> More than P200 but less than P600

Grave felonies -> More than P6000

ARTICLE 26 provides -> a fine not less than P200 = correctional penalty.

light felonies should prevail, BECAUSE Article 9 classifies felonies by gravity but Article 26 classifies them the fine according to amount.

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.