Art. 6.

Stages of Crimes:
1. Consummated Felony – all elements of its accomplishment are present
2. Frustrated Felony – perform all the acts of execution but it does not produce because of independent of the will of
the perpetrator
3. Attempted Felony – does not perform all the acts of execution other his spontaneous desistance.

Factors to consider in determining whether the crime is attempted, frustrated or consummated:

1. Nature of the offense

2. Elements constituting the felony
3. Manner of committing the felony
a. Formal crimes – consummated in one instant, no attempt.
b. Crimes consummated by mere attempt or proposal or by overt act.
c. Felony by omission. There can be no attempted stage when the felony is by omission.
d. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement.
e. Materials crimes, there are three stages of execution.

Felonies with no frustrated stage- rape, arson, bribery, corruption of public officials, theft

GR: Light felonies are punishable in consummated stage

Exc. Light felonies of crime against persons and property are punishable in consummated, frustrated and attempted

Two ways for committing conspiracy to exist:

1. There is a previous and express agreement.
2. The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common
criminal objective. There is an implied agreement.

Concepts of Conspiracy and Proposal to Commit Felony:

Conspiracy=agreement; proposal=proposes
 General rule: As a manner of incurring criminal liability
 Exception: As a separate punishable offense
Crimes punishable in conspiracy stage-(drugs [RA 9165], arson, rebellion, treason, sedition= DARTS)
In Proposal stage-(Rebellion and treason)

Art. 9. Grave felonies, less grave felonies and light felonies. –

 Grave felonies – capital punishment or penalties which in any of their maximum periods are afflictive.
 Less grave – maximum period are correctional.
 Light felonies – arresto menor or fine not exceeding 200 pesos

Circumstances Affecting Criminal Liability

Justifying circumstances (Art. 11)
Note: No criminal and civil liability (except, par. 4)
Examples: Self-defense (defense of chastity, defense of
property rights), Defense of relatives, Defense of stranger,
Avoidance of greater evil or injury, Fulfillment of duty/
lawful exercise of RO, and Obedience to an order
Exempting circumstances (Art. 12)
Note: No criminal liability
Examples: Imbecility or insanity, Minority, Accident,
Irresistible force, Uncontrollable fear, and
lawful/Insuperable cause
Mitigating circumstances (Art.13)
Note: Reduces penalty
Examples: Incomplete justifying or exempting
circumstance, Less than 18 years of age (w/discernment),
over 70 years of age, praeter intentionem, Provocation or
treat, vindication of grave offense, Passion or Obfuscation,
Voluntary surrender/voluntary confession, Physical defect,
and Illness of the offender
Aggravating circumstances (art. 14)
Note: Penalty is increased
Examples: Advantage of public position, insult to PA/APA
(define: PO, PA, APA), disregard of rank, age, or sex of
offended party, Dwelling, Abuse of
confidence/ungratefulness, crime committed in public
offices and religious places, Nighttime (nocturnity);
Uninhabited Place; or Band (brigands, brigandage), On
occasion of calamity or misfortune, Aid of armed men,
Recidivist, Habitually or reiteration (Recidivist, quasi-
recidivist, habitual delinquency, reiteracion), Price, reward,
or promise, any means involving great waste or ruin
(inundation, fire, poison, explosion), Evident
premeditation, Craft, Fraud, or Disguise, superior strength,
means to weaken the defense, Treachery (Alevosia),
Ignominy, Unlawful Entry, Cruelty, breaking of parts of
house (WWFDR), aid of minor/ motor vehicle or similar
means
Alternative circumstances (Art. 15)
Note: Either increase or decrease
Examples: Relationship, Intoxication @ Degree of
instruction and education of the offender

Requites of Self-defense (Par, 1)

1. Unlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of the person defending himself.

Relative that can be defended;

a. Spouse
b. Ascendants
c. Descendants
d. Legitimate, natural or adopted brothers and sisters, or relatives by affinity (blood) in same degrees.

Under R.A. 9344, a child 15 years and below is always exempt from criminal liability. A child over 15 years of age but below 18
who acted without discernment is exempt from criminal liability.

Absolutory cause – same effect as exempting circumstances:

1. Spontaneous desistance
2. Accessories who are exempt from criminal liability
3. Death or physical injuries under exceptional circumstances
4. Persons exempt from criminal liability in theft, swindling and malicious mischief
5. Instigation is an absolutory cause.

Extenuating circumstances- same effect as mitigating (mother killing her own child to conceal her dishonor, crime of adultery of
a woman abandoned by her husband)

Classes of Mitigating Circumstances:

Ordinary Privileged
As to the effect If not offset, it It operates
will operate to reduce the
reduce the penalty by one to
penalty to the two Degrees
minimum period, depending upon
period the what the law
penalty is a provides.
divisible one.
As to offset May be offset by Cannot be offset
aggravating
circumstances
Where found Subsections 1 to Art. 68, 69, and
10 of Article 13, 64 of the RPC.
ROC