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E).The accused was not able to continue performing the acts to produce the
II. Application of Article 6: crime. He was prevented by external forces and not because he himself chose not
to continue. Such as when his weap0n was snatched, or his intended victim
Only to intentional felonies by positive acts but not to: (i). Felonies by omission (ii) managed to escape, or he was overpowered or arrested.
Culpable felonies and (iii) Violations of special laws, unless the special law provides
for an attempted or frustrated stage. Examples of the exception are The Dangerous F). If the accused voluntarily desisted i.e he himself decided not to continue with
Drugs Law which penalizes an attempt to violate some of its provisions, and The his criminal purpose, then he is not liable.
Human Security Act of 2007
1. Reason: This is an absolutory cause by way of reward to those who, having
III. The attempted stage: set one foot on the verge of crimes, heed the call of their conscience and
return to the path of righteousness. .
"the accused commences the commission of a felonious act directly by overt acts but
does not perform all the acts of execution due to some cause or accident other than 2. The reason for the desistance is immaterial
his own spontaneous desistance”
3. Exceptions: when the accused is liable despite his desistance
A).(1). The attempt which the Penal Code punishes is that which has a
connection to a particular, concrete offense, that which is the beginning of the a). when the act performed prior to the desistance already constituted the
execution of the offense by overt acts of the perpetrator, leading directly to the its attempted stage of the intended felony. For example: the accused, with
realization and commission (2) The act must not be equivocal but indicates a clear intent to kill, shot at the victim but missed after which he “desisted”, his
acts already constituted attempted homicide
b). When the acts performed already gave rise to the intended felony. The VI. Factors to Consider in determining the proper stage
decision not to continue is not a legal but factual desistance. As in the case
of a thief who returned what he stole. A. The manner of the commission of the crime and how it is defined by the RPC.
Some crimes have only the consumated stage (Formal crimes) such as threats,
c). When the acts performed constitute a separate offense. Pointing a gun coercion, alarms and scandal, slander, acts of lasciviousness. In rape the
at another and threatening to kill, and then desisting gives rise to grave gravamen is whether there is penetration or not, no matter how slight, hence rape
threats. is either attempted or consummated.
3. Third View: The belief of the accused should be considered in that if the
accused believed he has done all which is necessary to produce death, then it (Personal Opinion: there can be no frustrated stage, but only attempted stage
is frustrated. if the fire was not yet applied to the building. But if fire was applied to the
building or a part thereof but no part of the building was burned, then it is
V. Consummated. attempted. The only consideration is whether or not the accused succeeded in
burning a part of the building. If no part of the building was burned, it is still
When all the elements of the crime are present whether it be the intended crime or a attempted arson no matter how far gone were the acts of the accused).
different crime