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IMPOSSIBLE CRIME ARTICLE 4 par.

2- An act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment on or account of the employment of inadequate or ineffectual means Why are impossible crimes punishable? commission of impossible crime- indicative of criminal propensity on the part of the actor society must be protected from socially dangerous persons Requisites of Impossible Crime 1. That the act performed would be an offense against persons or property 2. That the act was done with evil intent 3. That its accomplishment is inherently impossible, or that means employed is either inadequate or ineffectual 4. That the act performed should not constitute a violation of another provision in the RPC Kinds of impossibility 1. Factual or physical impossibility- occurs when extraneous circumstances to the perpetrator prevent the commission of the intended crime 2. Legal impossibility- occurs when an essential element of a crime is not present during its commission making it impossible of accomplishment. INTOD v. CA Facts: 4 culprits armed with firearms and with intent to kill Palangpangan went to the house of the latter. After having pinpointed his house, all four fired their guns and riddled the house with bullets. It so happened that Palangpangan was not home that night. The accused were prosecuted and convicted for Attempted Murder. HELD: On appeal SC modified decision. It held petitioners liable for Impossible Crime. The accused intended to commit murder. There was an inherent impossibility of committing murder because Palangpangan was not at home. Impossible crimes are recognized in the Philippines. Article 4 paragraph 2 makes a person criminally liable for an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment. Accused to suffer 6 months of arresto mayor.

PEOPLE v. BALMORES Facts:Balmores was found guilty of attempted estafa through falsification of a government obligation. He attempted to cash-in a sweepstakes ticket that was obviously falsified (the ticket was split into , and the winning ticketnumber written in ink at the bottom left part of the halved ticket). He presented his falsified ticket to a PCSO booth.The PCSO employee manning the booth saw that the ticket was obviously falsified, and had Balmores arrested.Balmores waived the right to counsel, and pleaded guilty to the crime of attempted estafa. Issue: WON Balmores committed an impossible crime. Held:NO!The recklessness and clumsiness of the act of falsification did not make the crime an impossible underParagraph 2 Article 4 of the RPC. It would have been possible for the appellant to consummate the crime of estafa through falsification of said ticket if the clerk to whom it was presented for payment had not exercised due care. The alteration of a losing sweepstakes ticket would constitute a crime only if anattempt to cash it were done, which is what occurred in this case. So his really offense was attempt to commit estafa but technically he has to suffer for the serious crime of falsification of a government obligation. 10 years and 1 day of prision mayor and not more than 12 years and 1 day of reclusion temporal. What is the penalty imposed for impossible crimes? Arresto Mayor or a fine from 200 to 500 pesos. (Article 59- Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible)