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History of RPC
Old Penal Code effective 14 July 1887 to 31 December 1931
RPC (Act No. 3815) approved on 8 December 1930
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Requirements of Par. 2:
Accused found guilty / Penalty given appears excessive / Court
shall not suspend sentence / Court must ask for executive
clemency
Penalties NOT EXCESSIVE when intended to enforce public
policy
Only applies to RPC, not special laws
Only applies to acts with malice
Art. 6 Consummated, Frustrated, Attempted Felonies
Development of a Crime:
1. Internal Acts: mere ideas, not punishable, intention and
effect must concur
2. External Acts: Preparatory + Acts of Execution
Preparatory acts generally not punishable except when the
law specially provides for it
Acts of execution are punishable in their different stages
ATTEMPTED
1. Commences commission of felony directly by over acts
2. Doesnt perform all acts of execution which would produce a
felony
3. Not stopped by own spontaneous desistance
4. Non-performance was due to some cause or accident
Overt acts: external acts / has direct connection with crime
intended to commit (does not include mere preparatory acts)
Indeterminate offense: purpose of offender in performing an act
is not certain
Never passes subjective phase (commission of crime to
point where offender has control over acts) of the offense
When nothing more is left to be done to attain objective,
frustrated stage
FRUSTRATED
1. Performs all acts of execution
2. Performs acts that would produce a felony as a consequence
3. Felony intended is not produced
4. Because of causes independent of the will of the perpetrator
There is nothing more left to be done since the last act
necessary to produce the crime has been performed
CONSUMMATED
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