The Revised Penal Code by.

Luis Reyes Criminal 1

Crim 1: Articles 6-9
Article 6: Consummated, 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; 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 commence the commission of a felony direct 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 o When all the elements necessary for its execution and accomplishment are present.  Frustrated felony o When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, produce it by reason of causes independent of the will of the perpetrator.  Attempted felony o When the offender commence the commission of the 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 a crime Stages: 1) Internal acts a. Mere ideas in the mind of a person are not punishable even if, had they been carried out, they would constitute a crime b. Intention and effect must occur c. Mere intention producing no effect is no more a crime than a mere effect without the intention of a crime 2) External acts a. Preparatory acts i. Ordinarily they are not punishable ii. Art 8 1. They are not punishable hence, proposal and conspiracy to commit a felony, which are only preparatory acts are not punishable, except when the law provides for their punishment 2. But preparatory acts which are considered in themselves, by law, as independent crimes are punishable b. Acts of execution i. They are punishable under the RPC

Alexandra V. Khada

2. a. Gloria 2) The external acts must have direct connection with the crime intended to be committed by the offender. The offender’s act is not stopped by his own spontaneous desistance iv. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance. He does not perform all the acts of execution which should produce the felony iii. Attempted a. more than a mere planning or preparation. the offender may reach only the first stage or the second stage. The offender commences the commission of the felony directly by overt acts ii. will logically and necessarily ripen in to a concrete offense. But he is liable for the attempted felony or frustrated felony. That there by external acts ii. The intention of the accused must be ascertained from the facts and therefore. iii. People vs. The external acts referred to in the first requisite must be related to the overt acts of the crime the offender intended to commit. he does not produce the felony he intends to commit. May not be a physical activity a. ii. without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator. Lamahang 3) The intention of the accused must be viewed from the nature of the acts executed by him. Proposal b. Overt acts 1. indicating the intention to commit a particular crime. which if carried to its complete termination following its natural course. Such external acts have direct connection with the crime intended to be committed. i. In either case.The Revised Penal Code by. a. Vs. Khada . Requisites for overt acts i. They should not be mere preparatory acts. Elements i. Stages 1. Is some physical activity or deed. frustrated and consummated are punishable iii. The external acts must be related to the overt acts of the crime the offender intended to commit. Luis Reyes Criminal 1 ii. In performing acts of execution of a felony. for preparatory acts do not have direct connection with the crime which the offender intends to commit. Important words and phrases 1) “Commences the commission of a felony directly by overt acts” a. The stages of acts of execution—attempted. US. it is necessary that the mind be able to directly infer from the intention of the perpetrator to cause a particular injury Alexandra V. Frustrated 3. as the case may be. 2. Consummated iv. b.

4) If he is not stopped but continues until he performs the last act. It is a sort of reward granted by law to those who. have one foot on the verge of the crime. The desistance which exempts from criminal liability has reference to the crime intended to be committed. b. heed the call of their conscience and return to the path of righteousness. It is not necessary that it be actuated by good motive. 1. it is frustrated. It does not exempt him from the crime committed before his desistance. starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts. 5) The acts then of the offender reached the objective phase of the crime. a. Khada . b. the offender fails to perform all the acts of execution which should produce the felony because of some cause or accident 5) “Other than his own spontaneous desistance” a. The code requires only that the discontinuance of the crime comes from the person who has begun it and that he stops of his own free will. If anything yet remained for him to do. In attempted felony. The law requires that the offender commences the commission of the felony directly by overt acts. and it is an attempt. Luis Reyes Criminal 1 For an overt act to constitute an attempted offense i. c. If the actor does not perform all the acts of execution by reason of his own spontaneous desistance. Only offenders who personally execute the commission of a crime can be guilty of attempted felony. Alexandra V. Subjective phase of the offense 1) The offender never passes the subjective phase of the offense 2) It is that portion of the acts constituting the crime. said objective and finality to serve as ground for designation of the offence 4) The overt acts leading to the commission of the offense are not punishable except when they are aimed directly at its execution and therefore they must have an immediate and necessary relation to the offense. provided the crime is not produced. and has no reference to the crime actually committed by the offended before his desistance i. the subjective phase has not passed. Indeterminate offense b. The desistance should be made before all acts of execution are performed g. Directly overt acts i. Does not perform all the acts of execution i. The law does not punish him. By reason of some cause or accident i. there is no attempted felony. The desistance may be thought fear or remorse d. e. 2.The Revised Penal Code by. including their natural course (act) 3) If between these two points the offender is stopped by any cause outside of his own voluntary desistance. 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. f. he would be guilty of an attempted crime c. The word “directly” suggests that the offender must commence the commission of the felony by taking direct part of the execution of the act.

d. In frustrated felony. If the crime is not produce because of the timely intervention of a third person. the evil intent of the offender is possible to accomplishment. it is frustrated. By reason of causes independent to the will of the perpetrator 2) Requisites a. in attempted or frustrated felony. Attempted or frustrated felony distinguished from impossible crime 1) In attempted or frustrated felony and impossible crime. 3) In impossible crime. 2) But while in impossible crime. The offender performs all the acts of execution b. the offender does not perform all the acts of the crime. the evil intent of the offender cannot be accomplished. there is not frustrated felony. 2) “Would produce the felony as a consequence” a. Nothing more is left to be done by the offender because he has perform the last act necessary to produce the crime b. c. The acts performed by the offender do not produce the felony.The Revised Penal Code by. the evil intent of the offender is not accomplished. All the acts performed would product the felony as a consequence c. in attempted or frustrated felony. But the felony is not produced d. If the crime is not produced because the offender himself prevented its consummation. Luis Reyes Criminal 1 1) Where the purpose of the offender in performing an act is not certain. That the offender has performed all the acts of execution which would produce the felony b. That the felony is not produced due to causes independent of the perpetrators will Important words 1) “Performs all the acts of execution” a. because if the felony is produced it would be consummated 4) “Independent of the will of the perpetrator” a. 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. b. the evel intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inadequate or ineffectual. All acts of eceuction performed by the offender could have produced the felony as a consequence 3) “Do not produce it” a. the crime may not be consummate. Khada . Alexandra V. what prevented its accomplishment is the intervention of certain cause or accident in which the offender had not part. because certain causes may prevent its consummation. This element distinguishes frustrated felony from attempted felony c. In attempted felony. Even if all the acts of execution have been performed. 2) Its nature in relation its objective is ambiguous 3) There is no justification in finding the offender guilty of attempted robbery the use of force upon things Frustrated felony 1) Elements a.

He omits to perform which the law requires him to do d. When not all the elements of a felony are proved 1) The felony is not shown to have been consummated /or 2) The felony is not shown to have been committed /or 3) Another felony is shown to have been committed. All the elements necessary for its execution and accomplishment must be present b. Crimes requiring the intervention of two persons to commit them or consummated by mere agreement e. is provided.” Alexandra V. Khada . iii. If nothing is damaged it is only considered as frustrated arson iv. The acts performed by him are directly connected with the crime of arson. When he is just about to light it one fire. Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law. There can be no attempt at a formal crime because between the thought and the deed. no attempt ii. Formal crimes i. 3 stages of execution ii. Material crimes i. Felony by omission i. a. the offense he intended to commit. consummated even if only a portion of the wall or any part of the house is burned. The crime of arson is therefore. or both. 2) The elements of constituting the felony 3) The manner of committing the same. How to determine whether a crime is only attempted or frustrated or it is consummated 1) The nature of the offense a. There is not attempted or frustrated impossible crime Article 7: when light felonies are punishable “Light felonies are those infractions of the law for the commission of which the penalty is arresto menor or a fine not exceeding 200 pesos. Consummated in one instant. Homicide. Arson i. b. it is considered as attempted arson 1. rape. It is not necessary that the property is totally destroyed by fire. The consummation of the crime arson does not depend upon the extent of the damage caused. 2) “All elements” necessary for its execution and accomplishment “are present” a.The Revised Penal Code by. ii. there is no chain of acts that can be severed in any link. must be considered. Crimes consummated by mere attempt or proposal or by overt act c. are not consummated in one instant or by a single act f. Luis Reyes Criminal 1 Consummated felony 1) A felony is consummated when all the elements necessary for its execution and accomplishment are present. etc.

” “A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it/” “There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons” Important words and phrases 1) Conspiracy and proposal to commit felony a. a. Alteration of boundary marks iv. 3) Conspiracy an proposal to commit felony is not punishable 4) The acts of the defendants must show a common design 5) Period of time to afford opportunity for mediation and reflection not required in conspiracy 6) Requisites of conspiracy a. For that reason. Slight physical injuries ii. The commission of felonies against persons or property presupposes in the offender moral depravity. Malicious mischief v. Exception: light felonies committed against persons or property. Conspiracy and proposal to commit felony are two different acts or felonies i. Intriguing against honor vi. Article 8: Conspiracy and proposal to commit felony “Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. rebellion and sedition. 4) If they are not consummated. are punishable eve if attempted or frustrated 3) Light felonies produce such light. i. such insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. Theft iii. the wrong done is so slight that there is no need of providing a penalty at all.The Revised Penal Code by. Meeting of the minds of two or more person Alexandra V. Proposal to commit a felony 2) Only in the case in which the law specially provides a penalty therefor. Conspiracy to commit a felony ii. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. That two or more persons came to an agreement i. a. Arresto menor – 1 – 30 days of imprisonment or fine not exceeding 200 pesos 2) Light felonies are only punishable when they have been consummated a. Khada . Unless there is a specific provision in the RPC providing a penalty for conspiracy or proposal to commit a felony. mere conspiracy or proposal is not a felony b. Conspiracy is not a crime except when the law specifically provides a penalty therefor as in treason. even attempted or frustrated light felonies against persons or property are punishable. Luis Reyes Criminal 1 1) Light felonies a. Infractions of the law for the commission of which the penalty is arresto menor or a fine not exceeding 2200 pesos or both is provided.

concrete and formal proposal  It is not the execution of the felony that is proposed  it is not necessary that the person to whom the proposal is made agrees to commit treason or rebellion b. concerted action and community of interests. The gravity of the felonies is determined by the penalties attached to them by law. is provided. Conspiracy renders all the conspirators as co-principals regardless of the extent and character of their participation because in contemplation of law the act of one conspirator is the act of all. Luis Reyes Criminal 1 That the agreement concerned the commission of a felony i. 7) Direct proofs in not essential to establish conspiracy a. The agreement must refer to the commission of a crime. in accordance with the above-mentioned article. 8) Quantum proof required to establish conspiracy a. Alexandra V. Direct proof is not essential to establish conspiracy. in accordance with Article 25 of this code” “Less grave felonies are those which the law punishes with penalties which in their maximum period are correction. i. c. to bring about what has already been conceived and determined. Conspiracy can be presumed from and proven by the acts of the accused themselves when the said acts point to a joint purpose and design. less grave felonies and light felonies “Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. The conspirators have made up their minds to commit the crime.”  Classifies felonies according to their gravity. It must be an agreement to act.The Revised Penal Code by. or both.” “Light felonies are those infractions of the law for the commission of which the penalty of arresto menor or a fine not exceeding 200. during and after the commission of the crime. Article 9: Grave felonies. Evidence of actual cooperation c. Khada . to effect. Must established by positive and conclusive evidence i. It must be shown that it exists as clearly and convincingly as the commission of the crime itself ii. Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship Requisites of proposal 1) That a person has decided to commit a felony 2) That he proposes its execution to some other person or persons  There is no criminal proposal when:  The person who proposes is not determined to commit the felony  There is no decided. Must be proven beyond reasonable doubt b. and may be inferred from the collective acts of the accused before. That the execution of the felony be decided upon. c. b.

The Revised Penal Code by. Light felony Alexandra V. the higher or highest of the penalties must be an afflictive penalty. is provided a. 3) Penalties which in their maximum period are correctional 4) The penalty of arresto menor or a fine not exceeding 200 pesos or both. Capital punishment is death penalty 2) Or penalties which in any of their periods are afflictive a. Luis Reyes Criminal 1 Important words and phrases 1) To which the law attaches the capital punishment a. Khada . The penalty prescribed for the offense is composed of two or more distinct penalties.

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