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Instances wherein the stages of a crime (c) Felonies by omission: Crimes which have

will not apply no attempted stage.

1. Offenses punishable by Special Penal (d) Crimes which have NO FRUSTRATED
Laws, unless otherwise provided for; STAGE: the essence of the crime is the act
itself.
2. Formal crimes (e.g. slander, adultery,
etc.); (a) Rape – the slightest penetration already
consummates the crime
3. Impossible crimes;
(b) Arson – the slightest burning already
4. Crimes consummated by mere attempt
renders the crime complete.
(e.g. attempt to flee to an enemy country);
(c) Theft –“free disposition of the items
5. Felonies by omission; and
stolen” is not in any way determinative of
6. Crimes committed by mere agreement whether the crime of theft has been
(e.g. betting in sports, corruption of public produced. [Valenzuela vs. People (2007)]
officers).
CRIMES WHICH DO NOT ADMIT OF
Formal crimes FRUSTRATED STAGE

Crimes which are consummated in one (1) Rape
instance and thus do not admit of stages
(a) The essence of the crime is carnal
e.g. physical injuries, false testimony, oral
knowledge.
defamation.
(b) No matter what the offender
Related to this, classification of felonies as
may do to accomplish a penetration, if
to:
there was no penetration yet, it cannot be
(a) Formal Crimes: Crimes which are said that the offender has performed all the
consummated in one instance. acts of execution.

Example: ILLEGAL EXACTION under Art. 213 (c) We can only say that the
offender in rape has performed all the acts
Mere demanding of an amount different of execution when he has effected a
from what the law authorizes him to collect penetration.
will already consummate a crime, whether
the taxpayer pays the amount being (d) Once there is penetration, no
demanded or not. matter how slight it is, the offense is
consummated. For this reason, rape admits
(b) Material Felonies: crimes that have only of the attempted and consummated
various stages of execution stages, no frustrated stage. [People v. Orita]

one could not punish the part of the premises has begun to burn.(2) Arson (b) There is no simple crime of physical injuries. frustrated or consummated (5) Physical Injuries stage. the crime is These three factors are helpful in trying to consummated. (a) The manner of committing the (c) Disposition of the stolen goods is crime requires the meeting of the minds not an element of theft under the RPC. wall or any part of the house is burned. there is consummated bribery or stage. and (a) This requires the sexual contact between two participants. (3) The nature of the crime itself. consummated corruption. less serious or slight. pinpoint whether the crime is still in its attempted. has already articles that apply whether the physical performed all the acts of execution which injuries are serious. in the crime of arson. unless a (c) Thus. The consummation of the crime of arson does (6) Theft not depend upon the extent of the damage (a) Once there is unlawful taking. There is the need to (a) One cannot say that the categorize because there are specific offender. (b) If that link is present. Rule of thumb: Felonies that do not (b) If there is a meeting of the require any result do not have a frustrated minds. (1) The Manner of Committing the Crime the crime of physical injuries is penalized on the basis of the gravity of the injuries. . (3) Bribery and Corruption of Public Officers (b) Either the thing was taken or not. Hernandez) theft is consummated. between the giver and the receiver. caused. it is only Execution of a Felony attempted. (People v. attempted or frustrated stage because one does not know what degree of physical (b) The crime of arson is therefore injury was committed unless it is consummated even if only a portion of the consummated. Factors in Determining the Stage of (c) If there is none. (a) Under the Revised Penal Code. (4) Adultery (2) The elements of the crime. could produce the destruction of the premises through the use of fire. (1) The manner of committing the crime.

by mere agreement. i. HAVE PERFORMED EVERY ACT FOR ITS because between the thought and the EXECUTION. but there Monsanto v Factoran (1989): is no meeting of the minds. the Thus. crimes of adultery. Slander and false testimony for in the law. provided in Article 344 of this Code. (b) Crimes consummated by mere attempt or proposal by overt act. — A pardon of the offended party does not extinguish criminal action except as (i) Ex. abduction. seduction. he omits to criminal liability of an offender except for perform an act which the law requires him cases under Article 344 (Prosecution of the to do. the manner of committing the crime requires the meeting Absolute Pardon of the minds between the giver and the An act of grace. once the offender performs the act in the manner provided (i) Ex. (d) Crimes requiring the intervention of two But the civil liability with regard to the persons to commit them are consummated interest of the injured party is extinguished. subjective phase. execution (2) Although pardon restores his eligibility for appointment to that office. the only act (1) Absolute pardon does not ipso done by the giver is an attempt. proceeding from the receiver. Under this when the felony is by omission. no attempt. 340) liability with regard to the interest of the injured party is extinguished by his express (c) Felony by omission waiver. because the article.(a) Formal Crimes . in determining the stage of some crimes. PARDON BY THE CHIEF EXECUTIVE (i) In bribery. Art.e. power entrusted with the execution of the laws. facto entitle the convict to reinstatement to the public office forfeited by reason of his (e) Material Crimes – have three stages of conviction. the manner of execution becomes .consummated in one pivotal in determining the end of the instant. Exempts the individual from the (ii) When the giver delivers the penalty of the crime he has committed. but civil 121) and corruption of minors (Art. Flight to enemy’s country (Art. there is no chain of acts that can be PARDON BY OFFENDED PARTY severed. a pardon does not extinguish the offender does not execute acts. concubinage. money to the supposed receiver. Effect of pardon by the offended party. HE IS ALREADY DEEMED TO (ii) There can be no attempt. (i) There can be no attempted stage This article states the extent of a pardon made by the offended party. deed. 23. rape and acts of lasciviousness).

Labrador). the convict must not appeal the Criminal Law Review judgment of conviction or the appeal must be abandoned. Thus in applying for Section 4-B pardon. abduction and acts of lasciviousness by the Effects: valid marriage of the offended party and (1) A pardon shall not restore the the offender. unless such rights be expressly restored by the Pardon by the Offended Party terms of the pardon. of civil indemnity imposed upon him by the Although it may constitute a bar to the sentence. liability which the offender must pay. to cases of impeachment. Pardon. Marvin F. Limitations upon the exercise of pardoning power: (1) That the power can be exercised Prepared by Calma. One usual condition is “not again violate any of the penal laws of the country. – A pardon shall not work the restoration of the right to hold Granted only after the conviction. Cannot be conditional The pardon cannot make an exception to this rule. . (2) It shall not exempt the culprit from the payment of the civil indemnity. and (2) in adultery and right to hold public office or the right of concubinage. offender. only after conviction. 36. pardon by the offended spouse. Pardon should be given before the institution of criminal prosecution. Conditional Pardon Pardon by the Chief If delivered and accepted. (Cristobal v. it is a Pardon by the Chief Executive contract between the executive and the convict that the former will release the Extinguishes the criminal liability of the latter upon compliance with the condition. by the express or implied suffrage. prosecution of the: (1) crimes of seduction.” Cannot include civil liabilities which the offender must pay. public office.pardoned convict must reapply for a new (2) That such power does not extend appointment. A pardon shall in no case exempt the culprit from the payment Does not extinguish criminal liability. its effects. or the right of suffrage. Exception: When any or both such rights is or are expressly restored by the terms of The offended party can waive the civil the pardon. Effects of Pardon of the President Conditional or Absolute Art.