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A believed that he inflicted a mortal wound to B, but in truth he did not, what
stage of commission did A commit? Attempted or Frustrated? Is the belief of the
offender necessary to determine the stage of commission of a crime?

The stage of execution is FRUSTRATED.


Article 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 by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

The belief of the accused is not important in considering the stage of the
commission of the crime.

In People vs borinaga, the accused believed that he inflicted a mortal wound but
really did not, the SC considered and appreciated the belief of the accused as
important and held it as frustrated.

Superseded by people vs calalo, in crimes against persons, like murder or

homicide, it is necessary for the frustration thereof that a mortal wound shall be

*the intent to kill by the accused shall render the stage of commission as

*if no intent to kill, firing gun is illegal discharge of firearms, inflicting injuries is
physical injuries

*poison must be introduced into body, no poison into body then is still attempted
(subjective phase, spontaneous desistance)
2. Juan entered the house and took the tv, upon exiting he met owner, stage?

Attempted felony of theft. Was not able to perform all the acts of execution.
Taking was not complete since the tv was huge.

Juan entered the house and took valuables, upon exiting met the owner, stage?

Consummated stage of theft, according to Valenzuela as a rule there is no

frustrated stage for theft, only consummated and attempted. All the acts
necessary for its execution and accomplishment are present.

*Rape no frustrated stage, slightest penetration consummates the crime of rape

*Arson no frustrated stage, small fire of damage to a bldg.

*Formal crimes are automatically consummated.


Conspiracy or proposal per se is not punishable.

Conspiracy or proposal to commit treason, rebellion, coup de tat, and sedition

are crimes in itself

Conspiracy or proposal to commit other crimes not specified like murder or rape,
it is only a mode of committing the crime hence not punishable

*The act of one is the act of all, no matter how small of seemingly insignificant is
your participation in the entire scheme of the consipracy, for as long as
conspiracy can be established your criminal liability will be the same as the man
who committed the worst act in the entire conspiracy