the felony was not realized, then the crime is
already in the frustrated stage. If the offender
has not yet performed all the acts of execution –
there is yet something to be performed – but he
was not able to perform all the acts of
execution due to some cause or accident other
than his own spontaneous desistance, then you
have an attempted felony.
Desistance:
On the part of the offender negates criminal
liability in the attempted stage. Desistance is
true only in the attempted stage of the felony.
If under the definition of the felony, the act
done is already in the frustrated stage, no
amount of desistance will negate criminal
liability.
Whether the felony is attempted, frustrated or
consummated, here are the following criteria
involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself
Manner of committing a crime
Ex. Bribery. Can the crime of frustrated bribery
be committed? No.
It usually takes 2 to tango. Meaning there is a
principal and an accomplice. And 2 people to
take part in the crime. As mentioned earlier
there is no such thing as frustrated rape. In
rape, it requires the connection of the offender
and the offended party. No penetration at all,
there is only an attempted stage. Slightest
penetration or slightest connection,
consummated. You will notice this from the
nature of the crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to
exist, three factors must concur:
(1) The injury should bring about the
ugliness;
(2) The ugliness must be visible;
(3) The ugliness would not
disappear through natural healing
process.
Elements of a crime:
1) Element of intent to damage
2) The damage inflicted
3) Intent to gain
Nature of crime:
1) Grave
2) Light
Conspiracy and proposal to commit felon
For conspiracy to exist:
1) There is an agreement
2) The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a
common criminal goal or criminal
objective. When several offenders act
in a synchronized, coordinated manner,
the fact that their acts complimented
each other is indicative of the meeting
of the minds. There is an implied
agreement.
Two (2) kinds of conspiracy:
1) Conspiracy as a crime – more of
national security (like coup d’etat)
2) Conspiracy as a manner of incurring
criminal liability – following an attack,
the 2 offenders conspired to get back
at the person who attacked them thus
resulting in his death.
Proposal to commit murder is not a crime. But
if B accepts the proposal, there will be
conspiracy to commit murder which is a crime
under the Revised Penal Code.
When the conspiracy is only a basis of incurring
criminal liability, there must be an overt act
done before the co-conspirators become
criminally liable. When the conspiracy itself is a
crime, this cannot be inferred or deduced
because there is no overt act. All that there is
the agreement. On the other hand, if the co-
conspirator or any of them would execute an
overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes – are crimes which, in
substance, consist of more than one crime but in
the eyes of the law, there is only one crime. Ex.
Crimes with robbery with rape, robbery with
homicide, robbery with physical injuries.
Complex crimes – are crimes which in sum,
consist of a mixture of two crimes, but the
penalty that will be imposed shall be the one
with the graver offense.
Classifications of felonies:
1) According to the manner of their
commission. Under Article 3, they are
classified as, intentional felonies or
those committed with deliberate
intent; and culpable felonies or those
resulting from negligence, reckless
imprudence, lack of foresight or lack of
skill.