1. “A” saw “B” lying down whom he thought was only sleeping.

With intent to kill, “A” shot “B” for

three consecutive times using a .45 caliber firearm. It turned out that “B” was dead an hour ago
due to a snake bite. Under existing laws, “A” cannot be held liable for the death of “B” (murder)
obviously because “B” was already dead at the time “A” intended to kill him.

Question:
As a police officer what criminal charge are you going to file against “A” taking into account his
unlawful actuation showing the propensity to be a criminal were it not for the impossibility of its
accomplishment? Explain.

Answer:
In Article 246, Title 8 Chapter One, Book Two of the Revised Penal Code (Act 3815), clearly
states that one can be charge of Murder if one had inflicted injury to the victim that will cause its
death. In this case, impossible crime will be charge against the offender instead of murder, the
definition of crime(murder) is not complete wherein no injury or suffering has been inflicted
because the victim is already dead. It is an important element in crime against person that the
victim could be harmed or injured to say that there is a crime committed. Though the offender
has motive to do such felony, the action that taken by the offender base on his intention is
impossible due to legal and physical impossibilities.

2. “A”, “B” and C” conspired to rape “X”. For one week the three (3) tried to observe “X” in order
to discover her schedules. They came to learn that she goes home very 10:00 PM all alone
passing through a dark alley. One night, the three decided to wait for “X” to pass by in order to
proceed with their plan to rape her. While waiting however they brought with them a bottle of
wine. The three got drank reason for which they were not able to realize their plan.

Question:
Did they commit any crime? Justify your answer by explaining the concept of conspiracy and
proposal.

Answer:
None. In Art. 8, Chapter One of RPC, “Conspiracy and proposal to commit felony. – Conspiracy
and proposal to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor. A conspiracy exists when two or more persons come to an
agreement concernint the commission of a felony decide to commit it. There is proposal when
the person who has decided to commit a felony proposes its execution to some other person or
persons.” Degree or levels of participation when conspiracy has been taken is not considered
because as a rule, in this cases, the act of One is the act of ALL, each one that participated has
equal criminal liability. However, in some cases if a conspirator merely participated in the crime
or his participation somehow has little or no effect at all in the accomplishment of the crime can
be punished by law as indicated in Art. 16 and defined in Art. 18 of Book One RPC.

It is a general rule that conspiracy and proposal to commit a crime are not punishable by our law
because they are only preparatory acts except if the law specified the provisions wherein a
punishment or penalty can be given such as conspiracy and proposal to commit treason (Art.
114, Chapter One, Book Two, RPC), conspiracy and proposal to commit rebellion (Art. 136,
Chapter One, Book Two, RPC), conspiracy and proposal to commit sedition (Art. 141, Chapter
One, Book Two, RPC).

Conspiracy as a crime vs. Conspiracy as a basis of incurring criminal liability

Conspiracy is a crime itself if the law specified the provisions of specific type of conspiracy.
Conspiracy is just a preparatory act and not an Overt act and does not bring out the commission
of the crime. Meanwhile, Conspiracy as a basis of incurring criminal liability, means a
conspirator must have done or took an OVERT action before becoming criminally liable.

3. Explain how to determine the frustrated and attempted stage of the following
crimes: