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 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
 Consummated felony, defined.

A felony is consummated when all

the elements necessary for its
execution and accomplishment are
present.
 Frustrated felony, defined.

• 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 felony, defined.

• 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
DEVELOPMENT OF CRIME
 From the moment the culprit conceives the idea of
committing a crime up to the realization of the same, his
act passes through certain stages.

These stages are:

(1) internal acts; and

(2) external acts.

• Internal acts, such as mere ideas in the mind of a
person, are not punishable even if, had they been
carried out, they would constitute a crime.

Intention and effect must concur.

• Thus, if A intended to commit treason and joined a
body of armed men in the belief that they were
Makapilis, when in fact they were Guerrilleros, A was
not liable for treason, despite his intent.
• External acts cover:

a) Preparatory acts — ordinarily they are not

punishable.

b) Acts of execution — they are punishable under the

Revised Penal Code.
 Preparatory acts

• Ordinarily, preparatory acts are not punishable.

• Hence, proposal and conspiracy to commit a felony,

which are only preparatory acts, are not punishable,
except when the law provides for their punishment in
certain felonies. (Art. 8)
 Preparatory acts

• The other examples of preparatory acts are: (1)

buying poison or carrying a weapon with which to kill
the intended victim; (2) carrying inflammable materials
to the place where a house is to be burned, etc.
• For merely doing any of these acts, a person is not
liable for attempted homicide or attempted arson,
because they do not constitute even the first stage of
the acts of execution of those crimes.
 Preparatory acts

• But preparatory acts which are considered in

themselves, by law, as independent crimes are
punishable.

• Example: Possession of picklocks under Art. 304. The

possession of picklocks is a preparatory act to the
commission of robbery. (Arts. 299 and 302)
 Preparatory acts

Note: Proposal and conspiracy to commit a felony,

which are only preparatory acts, are not punishable,
except:
1. Conspiracy to commit rebellion, coup d‘etat, sedition
(Arts. 136, 141)
2. Conspiracy to commit treason (Art. 115)
3. Conspiracy in restraint of trade (Art. 186)
4. Proposal to commit rebellion, coup d‘ etat (Art. 136)
 Acts of execution

They are punishable under the Revised Penal Code.

The stages of acts of execution — attempted, frustrated,
and consummated — are punishable. (Art. 6)
The first stage of the acts of execution of a felony is the
attempted; the second stage, the frustrated; and the
last stage, the consummated.

In performing the acts of execution of a felony, the

offender may reach only the first stage or the second
stage. In either case, he does not produce the felony he
intends to commit. But he is liable for attempted felony
or frustrated felony, as the case may be.
 Elements of attempted felony:

1. The offender commences the commission of the

felony directly by overt acts;
2. He does not perform all the acts of execution which
should produce the felony;
3. The offender's act is not stopped by his own
spontaneous desistance;
4. The non-performance of all acts of execution was due
to cause or accident other than his spontaneous
desistance.