ARTICLE 6

Consummated, frustrated and attempted felonies

Consummated Felonies When all the elements necessary for its execution and
accomplishment are present.

Frustrated Felonies 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.

Attempted Felonies when the offender commences the commission of a felony

directly by overt acts, and does not produce the felony by reason of some cause or
accident other than his own spontaneous desistance.

Stages of Development of Crime

(1) Internal acts not punishable (thus, intent to kill alone is not punishable)
Intention and effect must concur.
(2) External acts cover:
(a) Preparatory acts generally not punishable, unless punishable by law (e.g.
conspiracy as a felony, proposal to commit felony)
(b) Acts of execution punishable under RPC (e.g. attempted, frustrated and
consummated)

ATTEMPTED FELONY
Elements
1. Offender commences the commission of felony directly by overt acts;
2. Does not perform all the acts of execution which should produce the felony
3. Offenders act is not stopped by his own spontaneous desistance
4. Non-performance of all acts of execution was due to case or accident other than
own spontaneous desistance.

OVERT ACTS
1. That there be external acts
2. Such external acts have direct connection with the crime intended to be
committed.

*The external act performed must clearly indicate the intention to commit the crime.
* If anything yet remained for the offender to do, he would be guilty of an attempted
crime.
* Non-performance of all acts of execution due to spontaneous desistance will not
constitute attempted crime. However, desistance should be made prior to the
performance of all acts of execution.
*Crimes already committed prior to desistance criminally liable.
*DESISTANCE is true only in the attempted stage

Indeterminate offense the purpose of the offender in performing an act is not certain. Its
nature in relation to its objective is ambiguous.
Example: When a cop caught A opening an iron bar on the wall of a store, and A only
succeeded in breaking one board. No attempted robbery because the 2nd requisite of overt
act was not present. Crime committed was attempted trespass to dwelling.
Phases of the offense

Subjective Phase offender still has control of his acts, including their natural cause
Objective Phase offender has no more control over his acts, non-accomplishment is other
than the offenders will.

*In attempted felony, offender never passes the subjective phase of the offense

FRUSTRATED FELONY
Elements
1. Offender performs all the acts of execution
2. All the acts performed would produce the felony
3. But the felony is not produced
4. By reason of causes independent of the will of the perpetrator

NOTE: Felonies that do not require result do not have a frustrated stage (RAPE,
ARSON, BRIBERY, ADULTERY, PHYSICAL INJURIES and THEFT)

* No attempted or frustrated IMPOSSIBLE CRIME

*Generally, there has to be a mortal wound inflicted
*Frustration due to inadequate or ineffectual means is placed on the same footing as
an impossible attempt.

ATTEMPTED/FRUSTRATED FELONY IMPOSSIBLE CRIME

Evil intent not accomplished
Accomplishment of evil intent is possible
What prevented the accomplishment is
intervention of certain cause or accident in
which the offender had no part.
Evil intent not accomplished
Evil intent cannot be accomplished
Cannot be accomplished due to inherent
impossibility or employment of inadequate
or ineffectual means

CONSUMMATED FELONY
All the elements necessary for its execution and accomplishment are present.

Factors in determining whether crime is only attempted, or frustrated or consummated

1. Nature of offense
2. Elements constituting felony
3. Manner of committing the same
Formal crimes consummated in one instant or by a single act, no attempt
(e.g. slander and false testimony)
Crimes consummated by mere attempt or proposal or by overt acts (e.g.
Flight to enemys country, corruption of minors)
Felony by omission no attempted because offender does not execute acts
Crimes requiring the intervention of two persons to commit them are
consummated by mere agreement (eg. Betting in sports contests and corruption
of public officer)
Material crimes - those with stages of execution (attempted, consummated
and frustrated)

ARTICLE 7
Light felonies

Light felonies are only punishable when they have been consummated, with the exception
of those committed against persons or property.

Reason: If they are not consummated, the wrong done is so slight that there is no need of
providing a penalty at all.

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

Light felonies punished by RPC

1. Slight Physical Injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor

ARTICLE 8
Conspiracy and proposal to commit felony

Conspiracy and proposal to commit felony are only punishable in the cases in which the law
provides a penalty thereof.
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.

REQUISITES OF CONSPIRACY
1. Two or more persons come to an agreement
2. The agreement concerned the commission of a felony and
3. The execution of the felony be decided upon.

General Rule: Unless the RPC provides a penalty, mere conspiracy or proposal is not a
felony.
Reason: Because these are only preparatory acts

CONSPIRACY AS A FELONY PROPOSAL TO COMMIT A FELONY

Conspiracy to commit treason Proposal to commit treason
Conspiracy to commit coup detat, rebellion Proposal to commit coup detat, rebellion or
or insurrection insurrection
Conspiracy to commit sedition

THE TWO CONCEPTS OF CONSPIRACY

AS A FELONY AS A MANNER OF INCURRING CRIMINAL
LIABILITY
Preparatory acts Executory acts
Incurred by mere agreement Incurred by commission of overt acts
RPC must specifically punish the act of Participants acted in concert towards a
conspiring common goal
Act must not be accomplished Act must be accomplished

*In conspiracy, establishment of direct proof is not necessary and may be inferred from the
collective acts of the accused before, during and after the commission of the crime.
*The acts of the defendants must show a common design, unity of purpose and unity in the
execution of the unlawful object.
*Obedience to a command does not necessarily show concert of design

REQUISITES OF PROPOSAL
1. That a person has decided to commit a felony
2. That he proposes its execution to some other person or persons

*No criminal proposal when

1. The person who proposes is not determined to commit the felony.
2. There is no decided, concrete and formal proposal.
3. It is not the execution of a felony that is proposed.

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

ARTICLE 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.

*The gravity of the felonies is determined by the penalties attached to them by law.

ARTICLE 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.

First clause: Penal Code is not intended to supersede penal laws

Second clause: Contains the soul of the article, RPC shall be complementary to special laws.

Special laws penal law which punishes acts not defined and penalized by the Penal Code

*When special law adopted penalties from the RPC, the rules for graduating penalties by
degrees or determining the proper period should be applied.
*ARTICLE 6 of RPC cannot be applied to offenses punished by special laws
*The special law has to fix penalties for attempted and frustrated crime to be punishable.
*When a special law covers the mere attempt to commit the crime defined by it, the
attempted stage is punishable by the same penalty provided by that law.
*No accessory penalty, unless special law provides therefor.
*RPC, not suppletory when the penalties under the special law are different from those
under the RPC.
*Special law amending the RPC are subject to its provisions.