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Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. ³ Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. Art. 6. Consummated, frustrated, and attempted felonies. ³ 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; and 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 of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.
picklocks under art. 304 is a preparatory act to the commission of robbery, arts. 299 and 302) b. Acts of execution- they are punishable under the RPC. Stages of execution: First, attempted; second, frustrated; and the last, consummated. I. ATTEMPTED FELONY, DEFINED. There is 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. Elements of attempted felony: 1. The offender commences the commission of the felony by overt acts; (requisites: (1) that there be external acts; (2) such external acts have direct connection with the crime intended to be committed.) *EXTERNAL ACTS MUST BE RELATED TO THE OVERT ACTS OF THE CRIME THE OFFENDER INTENDED TO COMMIT. *EXTERNAL ACTS MUST HAVE A DIRECT CONNECTION WITH THE CRIME INTENDED TO BE COMMITTED BY THE OFFENDER. Overt acts - is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. Indeterminate offense- it is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous. 2. He does not perform all the acts of execution which should produce the felony; If the offender has performed all the acts of execution nothing more is left to be done the stage of execution is that of a frustrated felony, if felony is not produced; or consummated, if felony is produced. The offender s act is not stopped by his own spontaneous desistance.
DEVELOPMENT OF CRIME. From the moment the culprit conceives the idea of committing a crime up to the realization of the same, his act passes through certain stages. These stages are: 1) Internal Acts, 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. *Intention and effect must concur. Mere intention producing no effect is no more a crime than a mere effect without the intention is a crime. 2) External Acts, cover: a. Preparatory acts- ordinarily they are not punishable. But preparatory acts which are considered in themselves, by law, as independent crimes are punishable. (i.e. Possession of
e . FRUSTRATED FELONY. In attempted felony. because if the felony is produced it would be consummated. (Reason: It is a sort of reward granted by law to those who. Even if all the acts of execution have been performed. All the acts performed would produce the felony as a consequence. the wound inflicted must be mortal. starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts.In attempted felony. (offender has not passed the subjective phase) IMPOSSIBLE CRIME -the evil intent of the offender is not accomplished.People v. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance. 4. the acts performed by the offender do not produce the felony. Phil. If the crime is not produced because the OFFENDER HIMSELF prevented its consummation. the offender fails to perform all the acts of execution which should produce the felony because of some cause or accident. In frustrated felony. 62. heed the call of their conscience and return to the path of righteousness Viada) 2. -the evil intent is possible to accomplish. the crime may not be consummated. . there is NO FRUSTRATED FELONY. it is FRUSTRATED. *THE DESISTANCE SHOULD BE MADE BEFORE ALL THE ACTS OF EXECUTION. If the actor does not perform all the acts of execution by reason of his own spontaneous desistance. AND HAS NO REFERENCE TO THE CRIME ACTUALLY COMMITTED BY THE OFFENDER BEFORE HIS DESISTANCE. and in the chest. Honrada. 109 for sample cases. nevertheless. *In attempted felony. Elements of frustrated felony: 1. By the reason of causes independent of the will of the perpetrator. -the evil intent cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inadequate or ineffectual. -the offender has performed all the acts of execution which would produce the felony as a consequence. ) But the felony is not produced. *THE DESISTANCE WHICH EXEMPTS FROM CRIMINAL LIABILITY HAS REFERENCE TO THE CRIME INTENDED TO BE COMMITTED. for the 4th element is not presen FRUSTRATED FELONY -the offender has not accomplished the criminal purpose. NOTE: If the crime is not produced because of the timely intervention of a THIRD PERSON. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which. Nothing more is left to be done by the offender. (kindly cite p. 112. Subjective Phase. -the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution. the offender never passes the subjective phase of the offense. (offender has reached the objective phase) ATTEMPTED FELONY -the offender has not accomplished the criminal purpose. having one foot on the verge of the crime.the portion of the acts constituting the crime. 4. i. It was only prompt and skilful medical treatment which the offended party received that saved his life. including their (acts ) natural course. The law does not punish him. but prevented by the intervention of certain cause or accident in which the offender had no part. These certain causes may be the intervention of third persons who prevented the consummation of the offense or may be due to the perpetrator s own will. ATTEMPTED OR FRUSTRATED -the evil intent of the offender is not accomplished. do not produce it by reason of causes independent of the will of the perpetrator. 3. II. because he has performed the last act necessary to produce the crime. The offender must perform all the acts of execution. The offender performs all the acts of execution. DEFINED. because certain causes may prevent its consummation. there is no attempted felony. where the accused stabbed the offended party in the abdomen. penetrating the liver.
How to determine whether the crime is only attempted or frustrated or it is consummated. Unless there is a specific provision in the Revised Penal Code providing a penalty for conspiracy or proposal to commit a felony. ³ Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. Crimes consummated by mere attempt or proposal or by overt act. malicious mischief (art. If they are not consummated. such insignificant moral material injuries that public conscience is satisfied with providing a light penalty for their consummation. 4. Important words and phrases. ³ Light felonies are punishable only when they have been consummated. the wrong done is so slight that there is no need of providing a penalty at all. as well as (3) the manner of committing the same. are punishable even if attempted or frustrated. In consummated felony. 309. 1. or a fine not exceeding 200 pesos. and (2) proposal to commit a felony. The agreement must refer to the commission of a crime. (2) the elements constituting the felony. 2. 266). Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law. 2. 2) That the agreement concerned the commission of a felony. Felony by omission. 9 par. Conspiracy and proposal to commit felony. Manner of committing the crime.are those infractions of law for the commission of which penalty of arresto mayor (imprisonment from one day to thirty days). Reason: The commission of felonies against persons or property presupposes in the offender moral depravity. All the elements necessary for its execution and accomplishment are present. Reason: Conspiracy and proposal to commit a crime are only preparatory acts. (art. that is. Exception: Light felonies committed against persons or property. Art. It must be an agreement to act. to effect. Requisites of Conspiracy: 1) That two or more persons came to an agreement. 329. Conspiracy and proposal to commit felony Conspiracy and proposal to commit felony are two different acts or felonies: (1) conspiracy to commit a felony.3). A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. *When the conspiracy relates to a crime actually committed.there are stages of execution. Formal crimes. no attempt. mere conspiracy or proposal is not a felony. Material crimes. 5.consummated in one instant. 364) Light Felonies. is provided. DEFINED. General rule: Conspiracy and proposal to commit felony are not punishable. 3) General rule: Light felonies are punishable only when they have been consummated. Exception: They are punishable only in the cases in which the law specially provides a penalty therefor. Only in the cases in which the law specially provides penalty therefor. even attempted or frustrated light felonies against persons or property are punishable. Reason: Light felonies produce such light.CONSUMMATED FELONY. 7 and 8). must be considered. all the elements necessary for its execution and accomplishment must be present. A felony is consummated when all the necessary elements necessary for its execution and accomplishment are present. or both. For that . par. intriguing against honor (art. art. *Light felonies punished by the RPC: slight physical injuries (art. 328. the act of one is the act of all. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement. 313).. with the exception of those committed against person or property. par. Art. it is not a felony but only a manner of incurring criminal liability. alteration of boundary marks (art. Agreement presupposes meeting of the minds of two or more persons. 7. theft (art. par. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. 8. When light felonies are punishable.3. Determine: (1) the nature of the offense. 1. when there is conspiracy. 3. reason. and the law regards them as innocent or at least permissible except in rare and exceptional cases. to bring about what has already been conceived and determined.
one is an accessory Art. in accordance with Art. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. ³ Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. and after. 9. Requisites of Proposal: 1) That a person has decided to commit a felony. LECTURE: *Conspiracy. less grave felonies and light felonies. concrete and formal proposal. -mere conspiracy is not punishable by law unless the conspiracy is a crime itself under the law. There must be a determination to commit the crime of treason. *Two kinds of conspiracy. (2) Implied. *In conspiracy. *The gravity of felonies is determined by the penalties attached to them by law. Important words and phrases: 1) To which the law attaches the capital punishment. is provided. and 2) That he proposes its execution to some other person or persons. -if the killing occurred before.3) That the execution of the felony be decided upon. The conspirators have made up their minds to commit the crime. CONSPIRACY The act of one is the act of all They have the same liability Principal by direct participation NO CONSPIRACY N. mode of admitting it IS NOT PUNISHABLE. somebody gets killed all are liable for the crime. Grave felonies. (1) Express. during. 3) It is not the execution of the felony that is proposed.there is no actual agreement. 294 -if by reason or occasion of robbery. all are liable for both crimes even if they conspired ROBBERY only. a crime itself IS PUNISHABLE.A. rebellion or sedition. But if there is an intent to ROB before the killing. There is no proposal when: 1) The person who proposes is not determines to commit the felony. 25 of this Code. 2)Robbery with rape *In conspiracy. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both. PRINCIPLES OF CONSPIRACY: CONSPIRACY NOT LIABLE Liable if the acts are If acts are not part of the agreed upon agreement EXCEPTIONS *special complex crime 1) Robbery with homicide punished by art. they are liable. *Attempted. -in case of after thought. There is certain action in communality in criminal design/ same objective and same purpose. Frustrated. the conspirators are not liable. and Consummated are not applicable by reasonable necessity of the means employed to prevent or repel it. . Will be liable individually One is a principal. in accordance with the above-mentioned article.there is an agreement. Capital punishment is death penalty. 2) There is no decided. there must be a natural and logical consequence for the act. (1) there is an agreement to and (2) decided to commit the crime.
Code shall be supplementary to such laws. vs.1) Liable Sufficient provocation Immediate provocation of the act Not liable Lack sufficient provocation Provocation not sufficient There is a sufficient provocation but it comes from a stranger or a third party There is a sufficient provocation but not immediately preceding the act. 3) Penalties which in their maximum period are correctional. (SEE PAGE 131 for the examples) The afflictive penalties in accordance with Art. 2) Supplementary The word supplementary means supplying what is lacking. If the penalty prescribed is composed of two or more periods corresponding to different divisible penalties. Art. (5) Prision mayor. unless the latter should specially provide the contrary. is provided. the act is lawful. (SEE PAGE 132 for the examples) Criteria for reasonableness: 1) If there is no available means. 584. ³ Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. Although the word any is used in the phrase. 1) Special laws A special law is defined in U. Offenses not subject to the provisions of this Code. 10). the offense for which it is prescribed is a less grave felony.2) Or penalties which in any of their periods are afflictive. like destierro and arresto mayor. EXEMPTING There is crime. the higher of the penalties must be a correctional penalty. the act is unlawful. or both. LECTURE ON ART. When the penalty prescribed for the offense is composed of two or more distinct penalties. No civil liability except in par. No criminal liability. (SEE PAGE 132 for the examples) 4) The penalty of arresto menor or a fine not exceeding 200 pesos. If the penalty prescribed is composed of two or more periods corresponding to different divisible penalties. additional. 25 of the RPC are: (1) Reclusion perpetua. (3) Perpetual or temporary absolute disqualification. the higher or maximum period must be that of correctional penalty. Serapio. when the penalty prescribed for the offense is composed of two or more distinct penalties. 4 & 7. 23 Phil. With criminal liability except par. Important words and phrases. If the penalty is composed of two periods of a correctional penalty or of two periods corresponding to different penalties. 10.. the higher or maximum period must be that of an afflictive penalty. are perfectly applicable to special laws. (4) Perpetual or temporary special disqualification. the higher or highest of the penalties must be an afflictive penalty. 11 JUSTIFYING No crime.S. No criminal liability. (2) Reclusion temporal. the offense for which it is prescribed is a grave felony. This . as a penal law which punishes acts not defined and penalized by the Penal Code. 2) Self-preservation. If the penalty is composed of two periods of an afflictive penalty or of two periods corresponding to different afflictive penalties. Some provisions of the Penal Code (especially with the addition of the second sentence of Art. 4 Justifying (par.
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