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Art. 6.

Consummated, frustrated, and attempted 4 Factors to be considered in Intent to Kill:

felonies. — Consummated felonies as well as those CIP:


which are frustrated and attempted, are punishable. Valenzuela vs People,
People Vs. Labiaga
A felony is consummated when all the elements Serrano v People:
necessary for its execution and accomplishment are
present; and it is frustrated when the offender [a] frustrated felony, the offender has performed all the
performs all the acts of execution, which would acts ofexecution which should produce the felony as a
produce the felony as a consequence but which, consequence; whereas in [an] attempted felony, the
nevertheless, do not produce it by reason of causes offender merely commences the commission of a
independent of the will of the perpetrator. felony directly by overt acts and does not perform all
There is an attempt when the offender commences the acts of execution. 2.) In [a] frustrated felony, the
the commission of a felony directly by overt acts, and reason for the non-accomplishment ofthe crime is
does not perform all the acts of execution, which some cause independent of the will of the perpetrator;
should produce the felony by reason of some cause or on the other hand, in [an] attempted felony, the reason
accident other than this own spontaneous desistance. for the nonfulfillment of the crime is a cause or
2 PHASES IN THE COMMISSION OF THE accident other than the offender’s own spontaneous
CRIME desistance.
1. Subjective Phase -
2. Objective Phase Frustrated Stage –

INTERNAL AND EXTERNAL ACT Attempted Felony Vs. Frustrated Felony


1. Internal Act
2. External Act Consummated Felony
a. Preparatory Acts
b. Acts of Execution Attempted Felony v. Impossible Crime

Material Crimes
4 Attempted Stage (Elements)
Formal Crimes

The offender is still in the subjective phase, the Crimes Which do not Admit of Frustrated Stage:
offender has still control over his acts, he may
proceed in the commission of the crime or he may
desist. The moment he desist on his own spontaneous
desistance then he will no longer be held criminally 1. Theft (Valenzeula v. People, Canceran v.
liable. People)
Desistance negates criminal liability in the attempted 2. Rape (People vs. Quinanola & Floro, People
stage but not in the frustrated or consummated stage. vs. Pareja, People vs. Lizada, People vs.
The offender commences the commission of the Jalosjos)
felony directly by overt acts. The attempted felony 3. Impossible Crime
that is punished by law is one that is directly
connected to the overt act performed by the offender
even if he has a different crime in mind.
1. The offender commences the commission of the
felony directly by overt acts
Overt Acts –
Directly by OA –
CIP: People vs Lamahang, as cited in Baleros vs.
People

Indeterminate Offense –

2. That he does not perform all acts of execution


that would have produced the felony

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