Criminal Law: Reyes 2008  mgv

ARTICLE 6

I. DEVELOPMENT OF A CRIME

A. Internal- such as mere ideas in the mind of a person, are not punishable even if, had they been
carried out, they would constitute a crime.

B. External

a. preparatory acts- ordinarily they are not punishable (e.i proposal and conspiracy to commit a
felony) except when the law provides for their punishment in certain felonies ( art. 8)

b. acts of execution –they are punishable under the RPC

1. Consummated - when all the elements necessary for its execution and
accomplishment are present.
2. 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 of the will of the
perpetrator.
3. Attempted – when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution
which would produce the felony by reason of some cause or accident
other than his spontaneous desistance.
Elements:

The offender commences the commission of the felony directly by overt acts;
He does not perform all the acts of execution which should produce felony;
The offender’s act is not stopped by his own spontaneous desistance;
The non-performance of all acts of execution was due to cause or accident other
than his spontaneous desistance.

II. ATTEMPTED FELONY

A. Commences the commission of a felony directly by overt acts

Requisites:
a. that there be external acts
b. a have direct connection with the crime intended to be committed
i. The external acts must be related to the overt acts of the crime the offender intended
to commit.

B. Overt Acts- any physical activity or deed, indicating the intention to commit a particular
crime. If carried into complete termination following its natural course
will logically and necessarily ripen into a concrete offense.
ii. Preparatory acts- buying a poison
iii. Overt act- mixing the poison with the food of someone ( preparation for the
commission of murder)

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Drawing or trying to draw a pistol is not an overt act of homicide.

o To constitute attempted homicide the person using a firearm must
fire the same, with intent to kill, at the offended party, without
however inflicting a mortal wound on the latter.
Raising a bolo as if to strike the offended party with it is not an overt act of
homicide
If a blow with the bolo was struck and there was intent to kill on the part of
the accused, the act of striking the offended party with the bolo would be an
overt act of the crime of homicide.
In the case of U.S. vs. Simeon, no blow was struck; nor was there any proof
of threats to kill or to do bodily harm.

iv. The external acts must have direct connection with the crime intended to be
committed by the offender.
In an attempted robbery it must be clear that the accused must TAKE
POSSESSION, for the purpose of gain any property of someone. It is not
enough that he created a hole in the store.
Indeterminate offense- the purpose of the offender in performing an act is
not certain. Its nature in relation to its objective is ambiguous.
o People vs. Lamahang, supra

v. The intention of the accused must be viewed from the nature of the acts executed by
him, and not from his admission.
People vs. Lizada- SC held that for overt acts to constitute an attempted
offence, it is necessary that their objective be known and established or such
that acts be of such nature that they themselves should obviously disclose
the criminal objective necessarily intended, said objective and finality to
serve as ground for the designation of the offense.

C. Directly by overt acts- only offenders who personally execute the commission of the crime can be
guilty of attempted felony. Directly means that the offender must COMMENCE the commission
of the felony
vi. If Harry induced Hermione to kill Ron, but Hermione refused, Harry cannot be held
liable for attempted homicide. Inducement of Harry to Hermione is in the nature of
proposal.
vii. But if Hermione agreed to Harry, and she intend to kill Ron but was not able to
injure Ron, Harry and Hermione is guilty of Conspiracy.

D. Does not perform all the acts of execution - if anything yet remained for him to do (US vs. Eduave)

E. By reason of some cause or accident- attempted felony; Stephan aimed at his pistol at Marianne to kill
the latter, but when he pressed the trigger it jammed and no bullet was fired from the pistol.

F. Other than his own spontaneous desistance- if the actor does not perform all the acts of execution by
reason of his own spontaneous desistance, there is no attempted felony. The law does not punish
him. Reason: there is reward for those who heard their conscience and returned to the path of
righteousness.
viii. The desistance should be made before all the acts of execution are performed.

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Batman stole a chicken under the house of Robin, realizing that what he did
is wrong, Batman returned the chicken. This does not relieve him of criminal
responsibility.
ix. The desistance which exempts from criminal liability has reference to the crime
intended to be committed, and has no reference to the crime actually committed by
the offender before his desistance.
Agua with intent to kill, fired her pistol at Bendita, but did not hit the latter.
Bendita cried and asked Agua not to shoot her. Agua desisted her pistol
again at Bendita. Is Agua criminally liable? Yes, but it is not attempted
homicide because he desisted before he could perform all the acts of
execution.

G. Subjective phase of the offence- it is the portion of the acts constituting the crime, starting from the
point where the offender begins the commission of the crime to that point where he has still
control over his acts.

Acts Subjective Phase offence Attempted Felony never passes the SP

III. FRUSTRATED FELONY

A. Elements:

a. the offender performs all the acts of execution;

b. all the acts performed would produce the felony as a consequence;
c. but the felony is not produced;
d. by the reason of causes independent of the will of the perpetrator.

B. Requisites:

a. the offender has performed all the acts of execution which would produce the felony;
b. the felony is not produced due to causes independent of the perpetuator’s will

C. “Performs all the acts of execution”

i. He performed the LAST ACT necessary to produce a crime.

In homicide or murder, the crime is consummated if the victim dies. If the
victim survives the crime is frustrated.
ii. The Supreme Court in certain cases has emphasized the belief of the accused.
The belief of the accused need not be considered. What should be considered
is whether all the acts of execution performed by the offender “would
produce the felony as a consequence.
In crimes against persons, as homicide, which requires the victim’s death to
consummate the felony, it is necessary for the frustration of the same that a

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mortal wound be inflicted, because then the wound could produce the felony
as a consequence.
D. “Would produce the felony as a consequence”- all the acts of execution performed by the offender
could have produced the felony as a consequence.

E. “Do not produce it”

F. “Independent of the will of the perpetrator”

iii. If the crime is not produced because of the timely intervention of the third person, it
is frustrated.
iv. If the crime is not produced because the offender himself prevented its
consummation, there is no frustrated felony. It is not also attempted because all the
acts of execution are already performed.
v. If the frustration is due to inadequate or ineffectual means, it is impossible crime.

G. Difference of Frustrated from Attempted Felony

Frustrated Attempted
o Not accomplished criminal purpose o Not accomplished criminal purpose

o Reached the objective phase o Reached the subjective phase

o No intervention of foreign or o There is intervention and the offender

extraneous cause or agency between
the beginning of the consummation of
the crime and the moment when all the
acts have been performed which
should result in the consummated
crime.
Attempted or Frustrated
o Evil intent is not accomplished/
possible of accomplishing
o Intervention of certain cause
does not arrive at the point of
performing all the acts which should
produce the crime.
Impossible crime
o Evil intent is not accomplished/cannot
be accomplished.
o Impossible because of the means
employed