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Art.

4
Impossible Crime
Not accomplished his
criminal purpose because
it is impossible because
of inadequate and
ineffectual means
-All elements of the crime
have been committed
No frustrated or
attempted Impossible
Crime because the acts
are considered as
constituting a
consummated offense
third stage because it is
consummated

Art. 6 Consummated, Frustrated, Attempted Felonies


Art 7 Light Felonies
Art 9 Grave Felonies
Consumm
Frustrate
ated
d Felony
felony
Elements:
1. All
elements
of the
crime are
executed

Elements
:
(1)
Offender
performs
all acts of
execution
of the

Attempted Felony
Elements:
(1) Offender
commences the
commission of the
felony
(2)Does not perform
all acts of execution
to produce the felony

Light
Felonies

Grave
Felonies

Less
Grave
Felonies

Not
consumm
ated if not
all
elements
of the
crime are
present

crime
(2) All
the acts
would
produce
the crime
*nothing
more is
left to be
done by
the
offender*
(3)
Felony is
not
produced
(4)
Reason
of
causes
independ
ent to the
will of the
accused

(3) act is not stopped


by his own
spontaneous
desistance
(4)Non-performance
of all acts of
execution

Not
accompli
shed his
criminal
purpose;
produced
all the
elements
of the
crime;
The evil
intent is
possible

not accomplished
his criminal purpose;
commences the
commission of the
crime by overt acts
but does not execute
all elements of the
crime; The evil intent
is possible to
accomplish but is
stopped because of
a cause or accident
other than his own

(1)Punis
hed if
consum
mated
Exceptio
n: crimes
against
property
and
persons
*there is
moral
depravity

Punishes
with
penalties
in their
maximu
m period
are
correctio
nal
(2)
commissi
on of a
fine more

Law
attaches
the
capital
punishm
ent or
penalties
which
are
afflictive
to Art 25
(2)
commissi

to
accompli
sh but is
stopped
because
of a
desistance
cause
independ
ent to the
will of the
perpetuat
or

for
crimes
against
persons
and
property*
(2) those
infraction
s for
commissi
on of a
fine not
exceedin
g 200php

than
200php
less than
6k

on of a
fine more
than 6k

Light
felonies
punished
under
RPC
*fine not
exceedin
g
200php*
(1) Slight
physical
injuries
(2) Theft

If the
penalty is
compose
d of two
periods
of an
afflictive
penalty
or of two
periods
correspo
nding to
different

Capital
Punishm
ent is
death
penalty;
Afflictive
periods
is when
two or
more
distinct
penalties
, higher

Objective
phase - Subjective phase not
based on influenced
influence by personal feelings
d by
feelings
Third
stage of
felony

Second
stage of
felony

First stage of felony

(3)
Alteration
of
boundary
marks
(4)
afflictive
Malicious penalties
mischief
(5)
Intriguing
against
honor

or
highest
penalty is
afflictive
penalty

Overtacts - some physical activity or deed indicating the intention to commit a particular
crime
- *More than a mere planning or preparation*
Indeterminate offense - where the purpose of the offender in performing an act is not
certain
How to determine whether a crime is only attempted, frustrated, consummated:
(1) Nature of crime
(2) Elements of the crime
(3) Manner of committing the crime
(a) Formal Crimes - consummated in one instant, no attempt
-When there is no stage of attempt
(b) Crimes consummated by mere attempt or proposal or by overt act
(c) Felony by omission
(d) Material crimes - Consummated, Frustrated, Attempted
Afflictive penalties:
(1) Reclusion perpetua is 20 years - 40 years
(2) Reclusion temptoral is 12 years - 20 years
(3) Perpetual or temporary absolute disqualification is 6 years - 12 years
(4) Perpetual or temporary special disqualification is 6 years - 12 years
(5) prision mayor is 6 years - 12 years

Correctional penalties:
(1) Prision correccional is 6 months - 6 years
(2) Arresto mayor is 1 month - 6 months
(3) Suspension is 6 months - 6 years
(4) Destierro is 6 months - 6 years

Art 8 Conspiracy and proposal to commit felony


Conspiracy

Proposal

when two or more persons come to an


agreement concerning the commission
of a felony and decide to commit it

when the person who has decided to


commit a felony proposes its
execution to some other person or
persons

There must be:


(1) Concerted act
(2) showed unity of purpose
(3) Unity in execution
Must be established by positive and
conclusive evidence

Not necessary that the proposal be


agreed to

Not a crime unless the law specifically


provides for a penalty

Not a crime unless the law specifically


provides for a penalty

Only art. 115, art 136 and art 141 Treason, coup detat, rebellion and
insurrection, sedition

Only art. 115 and art 136 - Treason


and coup detat

Requisite:
(1) two or more persons came to an
agreement
(2) the agreement must be to commit a
felony
(3) the execution must be decided
upon

Requisite:
(1) a person has decided to commit a
felony
(2) he proposes its execution to
another person or persons

*THE ACT OF ONE IS DEEMED TO BE THE ACT OF ALL


General rule:
Not a felony and punishable unless the law specifically provides for their penalty
Conspiracy to
commit treason

Conspiracy to
commit coup
detat

conspiracy to
commit rebellion
or insurrection

conspiracy to
commit sedition

CONSPIRACY to commit any of these crimes should not be committed because it is not
a separate offense if the perpetrators commit treason, coup detat, sedition.
*manner of incurring criminal liability
Chapter Two Justifying circumstances and circumstances which exempt from criminal
liability
Art 11 Justifying circumstances - the following do not incur criminal liability
Any person
who in
Anyone who
order to
Anyone
Anyone
acts in
avoid an
who acts in who acts in
defense of
evil or
defense of defense of
his person
injury,
a relative
a stranger
or rights
causes
damage to
another
Requisites:
(1) Unlawful
aggression
(2)
Reasonable
necessity of
the means
employed to

(1) Evil
sought to
be avoided
exists
(2) injury
feared be
greater
than done

Any person
who acts in
fulfillment
of a duty in
the lawful
exercise of
a right of
office

Any person
who acts in
obedience
to an order
issued by a
superior for
some
lawful
spouse

prevent or
repel it

to avoid it
(3) that
there be no
other
practical

Justifying circumstances are those were the act of a person is said to be in accordance
with the law, so that s uch person is deemed not to have transgressed the law and is
free from both criminal and civil liability