Criminal Law

Art. 5. Duty of the court in connection with acts which should be

repressed (put down) but which are not covered by the law, and in
cases of excessive penalties.
WHENEVER A COURT HAS KNOWLEDGE OF ANY ACT WHICH IT MAY
DEEM PROPER TO REPRESS AND WHICH IS NOT PUNISHABLE BY
LAW, IT SHALL RENDER THE DECISION AND SHALL REPORT TO THE
CHIEF EXECUTIVE, THROUGH THE DEPARTMENT OF JUSTICE, THE
REASONS WHICH INDUCE THE COURT TO BELIEVE THAT SAID ACT
SHOULD BE MADE THE SUBJECT OF PENAL LEGISLATION.

IN THE SAME WAY THE COURT SHALL SUBMIT TO THE CHIEF

EXECUTIVE, THROUGH THE DEPARTMENT OF JUSTICE, SUCH
STATEMENT AS MAY BE DEEMED PROPER, WITHOUT SUSPENDING
THE EXECUTION OF THE SENTENCE, WHEN A STRICT ENFORCEMENT
OF THE PROVISIONS OF THIS CODE WOULD RESULT IN THE
IMPOSITION OF A CLEARLY EXCESSIVE PENALTY, TAKING INTO
CONSIDERATION THE DEGREE OF MALICE AND THE INJURY CAUSED
BY THE OFFENSE.

In connection with Par. 1.

(1)trial of a criminal case requires the following:
a. the act committed by the accused appears not punishable
by any law
b. but the court deems it proper to repress such act
c. in that case, the court must render the proper decision by
dismissing the case and acquitting the accused
d. the judge must then make a report to the Chief Executive,
through the Secretary of Justice, stating the reasons which
induce him to believe that the said act should be made the
subject of penal legislation
(2)Basis
-based on the legal maxim nullum crimen, nulla poena sine
lege, there is no crime if there is no law that punishes the
act.

In connection with Par. 2.

(1)requirements
a. the court after trial finds the accused guilty

b. the penalty provided by law and which the court imposes

for the crime committed appears to be clearly excessive,
because:
b.1. the accused acted with lesser degree of malice
b.2. there is no injury or the injury caused is of lesser
gravity
c. the court should not suspend execution of the sentence
d. the judge should submit a statement to the Chief Executive,
through the Secretary of Justice, recommending executive
clemency (pardon)
(2) the penalties are NOT EXCESSIVE when intended to enforce
public policy. (ex: excessive fines to repress profiteering, so that
dealers would not take advantage of the critical condition to make
unusual profits)
(3) Courts have the duty to apply the penalty provided by law:
regardless of their personal and private opinions. It is well settled
that the judiciary should not be concerned on the wisdom of laws,
their only duty is to interpret and apply the laws as long as it is not
in disharmony with the constitution.
(4) Judge in lower courts has the duty to apply the law as
interpreted by the Supreme Court, which is the highest court of the
land. Any deviation would unavoidably cause, as a sequel,
unnecessary inconveniences, delays and expenses to the litigants (a
party to a lawsuit).
(5) meaning of when a strict enforcement of the provision of this
Code- this part of par. 2 specifically says that it only applies to acts
mala in se (crimes committed with malice or criminal intent) and not
acts involving mala prohibita (which is penalized by special laws),
and this is based on the phrase taking into consideration the
degree of malice.

Aet. 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

COMMISION 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.
(1)Development of Crime- the acts of the perpetrator passes
through certain stages:
a. Internal Acts- mere ideas in the mind of a person, but no
matter how wrong his ideas, they are not punishable.
-Intention and effect must occur- MERE INTENTION
PRODUCING NO EFFECT IS NO MORE A CRIME THAT A MERE
EFFECT WITHOUT THE INTENTION IS A CRIME.
b. External Acts
b.1. preparatory acts- ordinarily they are not punishable.
b.2. acts of execution- they are punishable in the
Revised Penal Code.
Stages of Acts of Execution:
1. Attempted
2. Frustrated
3. Consummated
ATTEMPTED FELONY
- there is an attempt when the offender begins the
commission of a felony by overt (easily seen) acts, however he has
not performed all the acts of execution which should produce the
felony.
Elements of Attempted Felony:
1. The offender commences the commission of the felony
directly by overt acts.
OVERT ACTS- some physical activity or deed, indication the
intention to cimmit a particular crime, more than a mere
planning or preparation, which if carried to its complete
termination will logically and necessarily ripen into a
concrete offense.

Two requisites to deem that the commission of a felony

is commenced directly by overt acts:
o That there be external acts- must be related to the
overt acts of the crime the offender intended to
commit and they should not be mere preparatory
acts.

o Such external acts have direct connection with the

crime intended to be committed.
Overt acts may not be by physical activity (ex: a
proposal consisting in making an offer of money to a
public officer)
2. He does not perform all the acts of execution which should
produce the felony
3. The offenders act is not stopped by his own spontaneous
desistance to stop doing something
4. The non-performance of all acts of execution was due to cause
or accident other than his spontaneous desistance
The intention of the accused must be viewed from the nature of the
acts executed by him, and not from his admission
1. Directly by overt acts
- only offenders who personally execute the commission of a
crime can be guilty of attempted felony. If there are two or
more offenders who conspired to commence the commission
of the felony, both of them will be guilty of attempted felony
(conspiracy-the act of one, is the act of all).
2. Does not perform all the acts of execution
- If anything yet remained for him to do, he would be guilty of
an attempted crime.
3. By reason of some cause or accident
- Cause- ex: if A picked the pocket of B, but B grabbed As
hand and prevented him from taking it.
- Accident- ex: when A was about to shoot B, but when he
pressed the trigger it jammed.
4. Other than his own spontaneous desistance
- If the actor does not perform all the acts of execution by
reason of his own spontaneous desistance, there is no
attempted felony. The law does not punish him. Because
this Code requires only that the discontinuance of the
crime comes from the person who has begun it, and that
he stops of his own free will.
Subjective Phase of the Offense
-

the portion of the acts constituting the crime, starting from

the point where the offender begins the commisson of the
crime to that point where he has still control over hi acts,
including the acts natural course.
In attempted felony, the offender never passes the
subjective phase of the offense.

If he is not stopped and continues until he performs the last

act, it is frustrated, provided the crime is not produced. The
acts then of the offender reached the objective phase of
the crime.

FRUSTRATED FELONY
Elements of Frustrated Felony
1. The offender performs all the acts of execution
- nothing more is left to be done, because he has performed
the last act necessary to produce the crime
- if the victim survives, the crime is frustrated
2. All the acts performed would produce the felony as a
consequence
- all the acts of execution performed by the offender could
have produced the felony as a consequence
- it is necessary for the frustration of the same that a mortal
wound is inflicted
3. But the felony is not produced
- the acts performed by the offender do not produce the
felony, because if the felony is produced it would be
consummated
4. By reason of causes independent of the will of the perpetrator
- if the crime is not produced because of the timely
intervention of a third person, it is frustrated.
- If the crime is not produced because the offender himself
prevented its consummation, there is no frustrated felony,
for the 4th element is not present (by reason of causes
independent of the will of the perpetrator)
There is no frustration due to inadequate or ineffectual means,
because such a frustration is placed under impossible attempt.
Frustrate felony distinguished from attempted felony
-

In frustrated felony, the offender has performed all the acts

of execution which would produce the felony as a
consequence, in attempted felony, the offender merely
commences the commission of a felony directly by overt
acts and does not perform all the acts of execution.
In frustrated felony, the offender has reached the objective
phase; in attempted felony, the offender has not passed
the subjective phase.

Attempted or frustrated felony distinguished from impossible crime

1. In attempted or frustrated felony and impossible crime, the
evil intent of the offender is not accomplished

2. But while in impossible crime, the evil intent of the offender

cannot be accomplished, in attempted or frustrated felony
the evil intent of the offender is possible of
accomplishment
3. In impossible crime, it is inherently impossible to
accomplish the evil intent, because the means employed
by the offender in inadequate or ineffectual; in attempted
and frustrated felony, what prevented its accomplishment
is the intervention of certain cause or accident in which the
offender had no part
CONSUMMATED FELONY
-

A felony is consummated when all the elements necessary

for its execution and accomplishment are present.

How to determine whether the crime is only attempted or frustrated

or it is consummated:
1. Nature of Crime
- in arson, it is not necessary that the property is totally
destroyed by fire, it is consummated even if only a portion
of the wall or any part of the house is burned.
- When a person had poured gasoline under the house of
another and was bout to strike a match to set the house on
fire when he was apprehended, he was guilty of attempted
arson.
- If there was blaze, but no part of the house was burned, the
crime of arson is frustrated.
2. Elements constituting the felony
- in theft, the crime is consummated when the thief is able to
take or get hold of the thing belonging to another
- in estafa, the crime is consummated when the offended
party is actually damaged and prejudiced.
3. Manner of committing the same
- Formal Crimes- consummated in one instant, no attempt
- Crimes consummated by mere attempt or proposal or by
overt act- ex: flight to enemys country, corruption of
minors
- Felony by omission- there can be no attempted stage when
the felony is by omission, the offender does not execute
acts. He omits to perform an act which the law requires him
to do
- Crimes requiring the intervention of two persons to commit
them are consummated by mere agreement- ex: betting in
sport contests and corruption of public officer.
- Material Crimes- there are three stages of execution