Criminal law 1 (pgs. 94-121) Art. 6.

Consummate, 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; 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 from 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 - When all the elements necessary for its execution and accomplishment are present Frustrated Felony - 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 - 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 Development of crime - From the moment of conception to realization of crime, his act passes thru stages o Internal acts = mere ideas are not punishable - Mere intention produces no effect not a crime o External acts = effect w/o intention is a crime Preparatory acts ordinarily not punishable except when the law provides for punishment Acts of execution punishable under RPC

(attempted, frustrated, consummated) Elements of Attempted Felony - Offender commences the commission of the felony directly by overt acts - Does not perform all the acts of execution w/c should produce the felony - Offenders act is not stopped by his own spontaneous desistance - Non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance 2 requisites to determine when the commission of a felony commenced directly by overt acts - There be external acts - External acts have direct connection w/ the crime intended to be committed *Overt acts = physical act or deed indicating the intention to commit a particular crime w/c if carried to its complete termination following its natural course will logically and naturally ripen into a concrete offense Preparatory acts vs. Overt acts - A bought poison in preparation of killing B (PREPARATORY) - A bought & mixed the poison with food of B and B put it into his mouth not knowing about the poison (OVERT) Drawing or trying to draw a pistol is not an overt act of homicide - People vs. Tabago Raising a bolo as if to strike the offended party with it is not an overt act of homicide - U.S. vs. Simeon - Crime: threatening another w/ weapon Overt act may not be physical activity - U.S. vs. Gloria - Proposal consisting of bribery (overt act of corruption of public officer) External acts must have direct connection w/ crime intended to be committed - People vs. Lamahang - Policeman surprised A while in the act of making an opening w/ an iron bar - A had only succeeded in breaking one board & in unfastening another from the wall - No attempted robbery in this case - There were external acts, but no direct connection w/ robbery - Crime: attempted trespass to dwelling

*Indeterminate offense = the purpose of the offender in performing an act is not certain, ambiguous relation to objective - People vs. Lamahang - Act: use of force upon things - No justification in finding offender guilty of robbery Intention of the accused viewed from the nature of the acts executed by him, not from his admission - Intention ascertained from facts - Directly infer the intention of perpetrator to cause particular injury - People vs. Lizada (SC held that for overt acts to constitute an attempted offense, objective must be known or can be disclosed from the act itself) - People vs. Lamahang (Acts susceptible of double interpretation = cannot furnish grounds for attempted crime) - Nature of the act intended = must be inferred from nature of the acts executed - Overt acts = must have immediate & necessary relation to the offense Directly by overt acts - Offenders who personally execute the commission of a crime - Directly = taking direct part - A induced B to kill C, B refused = A not liable of homicide - B accepted & tried to kill C, but failed = both guilty of attempted felony Does not perform all the acts of execution - U.S. vs. Eduave (there is still something left to do, guilty of attempted crime) - People vs. Lamahang (there was still something to do to commence entering the dwelling) By reason of some cause or accident - A picked Bs pocket w/c contained a wallet w/ P50.00 - B caught A before he could take the wallet from the pocket - Cause = discovery of B - A aimed pistol at B to kill - Trigger jammed & no bullet fired - Accident = trigger jammed Other than his own spontaneous desistance - Reward granted to those who heed the call of their conscience - People vs. Villacorte (planned criminal act, but desisted in committing act is exempt from liability)

People vs. Pambaya (desistance may be thru fear or remorse, not necessary that it be a good motive) Desistance should be made before all acts of execution are performed - A stole Bs chicken, but returned it later - A already performed all acts of execution = criminally liable - A fatally wounded B, but desisted from continuing - B was taken to hospital and recovered - A had already committed all acts w/c would have lead to Bs death - A = still liable for frustrated homicide Desistance w/c exempts from criminal liability, has reference to crime intended to be committed, no reference to crime actually committed before offenders desistance - A intended to kill B by firing his pistol, but missed - B asked A to stop, A desisted from continuing - A is liable for grave threat instead of attempted homicide = desisted before he could perform all acts of execution - People vs. Lizada - Araneta, Jr. vs. Court of Appeals Subjective phase of the offense - In attempted felony = offender never passes the subjective phase *subjective phase = portion of the acts constituting the crime, starting from pt. where offender begins commission to the pt. where he still has control over his acts including their natural course - if between these 2 pts., offender stopped outside of his own voluntary desistance = subjective phase not passed, it is an attempt - offender continues until last act has been performed, crime not produced = frustrated, reached objective phase Elements of Attempted Felony - Offender performs all the acts of execution - All the acts performed would produce the felony as a consequence - Felony is not produced - By reason of causes independent of the will of the perpetrator 2 requisites of a frustrated felony - Offender has performed all the acts of execution w/c would produce the felony

The felony is not produced due to causes independent of the perpetrators will Perform all the acts of execution - Performed the last act necessary - A inflicted fatal wound on B, but B doesnt die due to medical attendance - U.S. vs. Eduave The Supreme Court in certain cases has emphasized the belief of the accused - People vs. Sy Pio - People vs. Dagman - U.S. vs. Lim San - U.S. vs. Eduave - People vs. Guihama Stage of execution = frustrated , mortal wound inflicted - People vs. Honrada - People vs. Mercado - People vs. David Stage of execution = attempted , mortal wound not inflicted or not mortal - U.S. vs. Bien - People vs. Kalalo - People vs. Domingo - People vs. Somera Would produce the felony as a consequence - A approached B stealthily - Made movement w/ hand to strike B w/ deadly knife - Missed the intended spot, landed on the frame of the back of the chair - Did not cause any injury on B - Held to be attempted murder only coz w/o inflicting injury, murder would not be produced as a consequence - People vs. Borinaga (frustration = necessary for mortal wound to have been inflicted) Do not produce it - Felony is not produced Independent of the will of the perpetrator - Certain causes prevented consummation of felony - Cause may be intervention of 3rd persons - Doctor planned to kill his wife by putting arsenic w/ the soup of his victim - Doctor felt a twinge of conscience after wife took the poisonous food - Doctor washed out victims stomach & administered antidote - Not frustrated felony - Cause w/ prevented consummation was the will of perpetrator

Also not attempted coz all acts of execution was performed - Crime: physical injuries Is there frustration due to inadequate or ineffectual means - Frustration is placed on the same footing as impossible attempt Frustrated (FF) vs. Attempted Felony (AF) - both = offender has not accomplished felony - FF = performed all acts of execution (reached objective phase) o No intervention of foreign or extraneous cause or agency - AF = merely commenced commission (not passed subjective phase) o there is intervention - People vs. Orita Attempted or Frustrated felony (AF) vs. Impossible crime (IC) - Both = evil intent is not accomplished - IC = intent cannot be accomplished o Inherently impossible of accomplishment o Ineffectual/inadequate means - AF= possible of accomplishment o Intervention of cause or accident prevented accomplishment Consummated Felony - All elements necessary are present When not all elements of a felony are proved - When a felony has 2 or more elements & 1 of them is not proved by the prosecution during the trial: o The felony is not shown to have been consummated o The felony is not shown to have been committed o Another felony is shown to have been committed - All elements must be present to be liable for consummated felony How to determine whether the crime is only attempted or frustrated or if it is consummated - Nature of the offense - Elements constituting the felony - Manner of committing the felony must be considered Nature of Crime - In Arson = consummated if only portion is burned o People vs. Hernandez

U.S. vs. Valdes (frustrated arson) Elements constituting felony - Theft = able to take or get hold of the thing o U.S. vs. Adiao - Estafa = offended party is actually damaged & prejudiced o U.S. vs. Dominguez Conflict in the rulings of the Adiao Case & Dominguez case? - Difference lies in the elements of the crimes Frustrated Theft - People vs. Dino - People vs. Espiritu Dino vs. Espiritu - Determinative of consummation = ability of offender to dispose freely of the stolen articles, even if it were more or less momentarily o Meaning of an element of a felony = controversial (different rulings arises)

o o -

Crime or no crime People vs. Marcos

Crimes consummated by mere attempt or proposal or by overt act o o o Flight to enemys country Corruption of minors Treason

Felony by omission o o No attempt stage Does not execute omits to perform acts,

Crimes requiring the intervention of 2 persons to commit them are consummated by agreement o Agreement of 2 persons to commit a crime = sufficient consummation U.S. vs. Basa People vs. Diego Quin U.S. vs. Te Tong

Examples Attempted theft (People vs. De la Cruz) Attempted estafa by means of deceit (U.S. vs. Villanueva) Frustrated estafa by means of deceit (People vs. Gutierrez, People vs. Castillo) Robbery by use of force upon things (People vs. Del Rosario)

o o o -

Material Crimes = 3 stages of execution o Consummated rape (People vs. Hernandez) Frustrated rape (People vs. Erina, People vs. Orita) Attempted rape (People vs. Brocal) Consummated homicide (People vs. Sazon) Frustrated murder (People vs. Mision) Attempted homicide (People vs. Ramolete) or frustrated

Element of intent to kill, when present in inflicting physical injuries Arts. 263, 264, 265, 266, 246, 248 = attempted/frustrated parricide/murder U.S. vs. Joven U.S. vs. Maghirang Mondragon vs. People People vs. Malinao

There is no attempted impossible crime Impossible crime o

Manner of committing the crime Formal Crimes = consummated in 1 instant, no attempt o Between the thought & the deed, no chain of acts already performed the acts for the execution (no attempt)

acts performed by offender considered consummated (not frustrated) crime still not produced