What is ARTICLE 6 of the RPC?

CONSUMATED, FRUSTRATED, ATTEMPTED FELONIES

Consummated felonies, as well as those which are frustrated and attempted, are
punishable.

1. A felony is consummated when all the elements necessary for its execution and
accomplishment are present;

2. 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.

3. There is an 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.

What are INTERNAL ACTS?

Mere ideas of the person

o Not punishable! No acts yet
o Mere INTENT producing NO EFFECT is not liable; Vice versa also not a crime

What are EXTERNAL ACTS?

1. Preparatory – usually not punishable

Ex: proposal and conspiracy to commit a felony NOT punishable

Ex: Unless provided by law (treasons, possession of picklocks)

2. Acts of Execution – Punished by RPC

By stages: Attempted, frustrated, consummated
All are punishable even if not finished

What is a CONSUMMATED felony?

All elements necessary for accomplishment are done.

When the felony has two or more elements and one of them is not proved by the
prosecution in the trial, either:
1) Felony is not consummated
2) Felony is not committed
3) Another felony was accomplished

How do you DETERMINE if the CRIME is ATTEMPTED, FRUSTRATED,

or CONSUMMATED?

1.Nature of crime
Is it arson, murder, theft?
What degree of such is it?

2.Elements constituting the felony

If homicide, did the victim die?
If theft, was property stolen?

3.Manner of commission
a.Formal Crimes – consummate in one single act (no attempt)
Ex: Slander, false testimony
b.Crimes consummated by mere attempt or proposal/overt act
Ex: Flight to enemy’s country, corruption of minors. No attempted version.
c.Felony by omission – no attempted felony possible because the offender does not
execute acts. Felony is the omission of acts required by law to do.
d.Crimes requiring intervention of two persons to commit them are consummated
by mere agreement.
e.Material crimes – have 3 stages of execution (not one single act)
What's a FRUSTRATED FELONY?

all acts performed w/c would produce the felony but still does not happen by
causes independent of the person’s will.

What are the ELEMENTS of a FRUSTRATED FELONY?

1. Performs all acts of execution

o Nothing more is to be done
o Has performed last necessary act for crime to be done

Ex: A shoots B with intent to kill.

•If wounded or miss, ATTEMPT.
•If mortally wounded, but alive, FRUSTRATED
•If killed, CONSUMMATED.

2.Would produce felony as a consequence

oUsually if injury is not mortal/fatal then it is only attempted felony

3.Felony not produced – if produced, then it would be consummated!

4.Causes independent of will of perpetrator
oEven if all acts performed, certain causes may prevent its consummation
oIf stopped by own will, then intent to kill disappears and is not a felony

What is an ATTEMPTED felony?

Begins the felony directly by overt acts but does not perform all because of some
accident other than his own desistance.
What are the ELEMENTS of an ATTEMPTED FELONY?

1.Begins commission of felony over overt acts

•Act must be logical result of an offense

•Sometimes not physical (bribing public official)
•Must be committed by person himself who wants to commit the offense

Ex: A tells B to kill C. B refuses. A cannot be liable for attempted murder.

If B continues but fails, A and B are liable because of conspiracy – act of one = act
of all.

2.Does not perform all acts of execution w/c would produce the felony
If all acts are performed and nothing else is to be done, but still fails, it is
FRUSTRATED.

3. Not stopped by himself

•No crime if person stops himself
•Sort of reward by the law if person heeds conscience and stops in middle of crime
•Desistance must be made BEFORE completion of all acts for execution
EX: A fires at B but did not hit. B says stop. A stops. A still liable since he had
already acted with intent to kill before stopping.

4. Non-performance due to independent cause/accident

Cause – A pickpockets B, but B catches him.
Accident – A shoots B but the gun jams and does not fire.

What are Overt Acts?

Physical act which indicated intention of a crime.

What is an INDETERMINATE OFFENSE?

Purpose of offender in performing an act is not certain. Objective’s ambiguous.

•Intention must be determined through ACTIONS not ADMISSION

•Acts which have double interpretation (in favor AND against accused) cannot
have liability
•Overt acts must have relation to offense

Do ATTEMPTED FELONY pass the Subjective Phase?

No.

Portion of acts constituting the crime starting from point where offender begins the
commission until where he has still control over his act.

•If stopped between those two points other than his own will, it is ATTEMPTED
FELONY.

•If stopped after last act but crime fails, FRUSTRATED.

Is there such ATTEMPTED or FRUSTRATED IMPOSSIBLE CRIME?

There is no ATTEMPTED OR FRUSTRATED IMPOSSIBLE CRIME because all

acts have been performed already.

No ATTEMPTED version is possible and performance of all acts constitutes

CONSUMMATION.

End result is not achieved due to inherent impossibility or ineffectual means.

PEOPLE V. LAMAHANG

FACTS: Lamahang destroys once board protecting shop door. Before he could
destroy another and enter, policeman shows.

ISSUE: W/N Lamahang is liable for attempted trespass.

HELD: YES – Since not all acts were completed and the actions clearly showed
desire to trespass, he is liable.

What is ARTICLE 7 of the RPC?

WHEN LIGHT FELONIES ARE PUNISHABLE – Light felonies are

punishable only when they have been consummated, with the exception of
those against persons or property.

What are Light Felonies?

Infractions of law for the commission of which the penalty of arresto menor or a
fine not exceeing 200 pesos or both is provided.

•Only consummated is punished since they involve very light material

moral/material damage

•Commission of felonies against persons/property presupposes moral depravity of

the offender. Attempted or frustrated must be punishable.
What are LIGHT FELONIES punished by the RPC?

1. Slight physical injuries

2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honour.

What is arresto menor?

Arresto Menor – 1 to 30 day arrest

What are LIGHT FELONIES punished?

Only consummated is punished since they involve very light material

moral/material damage

Commission of felonies against persons/property presupposes moral depravity of

the offender. Attempted or frustrated must be punishable.

What is PUBLIC CENSURE?

When the fraction commited is too small.

(loitering, jay walking. etc.)

usually, public censure is a penalty in municipal offenses.

Imposition of public censure is within the court's discretion in violation of

municipal offenses, the court MAY order public sensure or payment of fine.
What is ARTICLE 8 of the RPC?

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.

1. A conspiracy exists when two or more persons come to an agreement concerning

the commission of a felony and decide to commit it.

2. There is proposal when the person who has decided to commit a felony proposes
its execution to some other person or persons.

Conspiracy exists when:

1.Two or more persons come to agreement

oPresupposes meeting of the minds of two different parties/individuals

2.Agreement concerned the commission of a felony

o Must refer to commission of a crime
o Agreement to effect or bring about what has been conceived or determined

3.Execution of the felony be decided upon

o Made up their minds to commit it
o Determination to do such

CONSPIRACY AS A FELONY V. AS A MANNER OF INCURRING

CRIMINAL LIABILITY

• When conspiracy relates to crime actually committed, it is NOT a felony – only

incurs criminal liability
• Not (punishable) a separate offense – all involved in the conspiracy are equally
liable
• Applies also to treason, rebellion, sedition
• Act one is act of all
What is the GENERAL RULE on CONSPIRACY? What are the
EXCEPTIONS?

conspiracy/proposal NOT punished. Considered preparatory and not criminal.

*Exception – when specified by law such as conspiracies to commit the following:

•Treason
•Coup d’etat
•Rebellion or insurrection
•Sedition

➢Basically crimes against national security or the law of nations

➢Must not actually be committed; need only to be planned about.

➢If committed, they are not felonies but are punished by special penal laws. Only
the conspiracy or proposal to do such are felonies

Is DIRECT PROOF needed to prove CONSPIRACY?

Direct proof not needed to prove conspiracy.

Can be judged by the collective acts before, during, and after the commission of
the crime.

• All are equally guilty regardless of their role

• Must be proved BRD
• Positive and conclusive evidence needed.
What are the Requisites of PROPOSAL to COMMIT FELONY?

REQUISIES OF PROPOSAL
1. Person has decided to commit a felony
2. Proposes execution to other parties
*actual proposal made is enough to incur a felony; does not need acceptance from
other people

There is no proposal to commit a felony when...

No proposal when:
1. Person is not determined to commit felony
2. No concrete and formal proposal
3. Not the execution of felony proposed

What is ARTICLE 9 of the RPC?

GRAVE, LESS GRAVE, AND LIGHT FELONIES

1. Grave felonies
-are those to which the law attaches the CAPITAL PUNISHMENT or PENALTIES
which in any of their periods are afflictive, in accordance with Article 25 of this
Code.

2. Less grave felonies

-are those which the law punishes with PENALTIES which in their MAX period
are correctional, in accordance with the above-mentioned article.

3. Light felonies
-are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding PHP200 or both is provided.
“To which the law attaches capital punishment”

• Capital punishment = death penalty

• If there are two distinct punishments, the one with the higher penalty should be
afflictive/correctional

1. > P200 = LIGHT FELONY

2. P200 - 6000 = LESS GRAVE FELONY
3. Exceeding 6000 = GRAVE FELONY

What are AFFLICTIVE penalties?

Reclusion Perpetua
Reclusion Temporal
Perpetual or Temp. Absolute Disqualification
Perpetual or Temp. Special Disqualification

What are CORRECTIONAL penalties?

Prision Correcional
Arresto Mayor
Suspension
Destierro (banishment)
What are GRAVE FELONIES?

Those to which the law attaches the:

CAPITAL PUNISHMENT or PENALTIES which in any of their periods are:

AFFLICTIVE. (in accordance with Article 25 of this Code) (Fine:P6000+)

1. Capital Punishment = Death Penalty!

2. Afflictive Penalties:
a) Reclusion Perpetua (20y.1d-40y)
b) Reclusion Temporal (12y.1d-20y)
c1) Perpetual Absolute Disq.
c2)Temporary Absolute Disq. (6y.1d-12y)
d1) Perpetual Special Disq.
d2) Temp. Special Disq. (6y.1d-12y)
e) Prision Mayor (6y.1d-12y)
BOND to keep the Peace:
Cover period of time (up to the court) RA7659 dated 12.13.93

What are LESS GRAVE FELONIES?

Are those which the law punishes with PENALTIES which in their MAX period
are correctional. (in accordance with the above-mentioned article.) (Fine:P200-
6000)

Correctional Penalties:
1. Prision Correccional (6m.1d-6y)
2. Arresto Mayor (1m.1d-6m)
3. Suspension (6m.1d-6y)
4. Destierro (6m.1d-6y
What are LIGHT FELONIES?

Are those infractions of law for the commission of which the penalty of:
1. arresto menor (1-30 days)
2. fine not exceeding PHP200
3. OR BOTH.

What is ARTICLE 10 of the RPC?

OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE

 Offenses which are or in the future may be punishable under special

lawsare NOT subject to the provisions of this Code.

 This Code shall be supplementary to such laws, unless the latter should
specially provide the contrary.

The 2 Clauses of Article 10 reconciled:

First clause:
Penal code is not intended to supersedeSPECIAL PENAL LAWS. Special legal
provisions prevail over the general ones.
Second clause:
The RPC shall be supplementary. It shall provide punishments and provisions
where crimes in special laws do not mention specifically such.

What are SPECIAL LAWS?

Penal Law punishing acts not defined and penalized by the Penal Code.
•Not to be treated as amendments to the RPC. •Statutes enacted by
LEGISLATIVE BRANCH. (usually follows form of American Penal Law)
Which Articles of the Revised Penal Code CANNOT be applied to offenses
punishable under SPECIAL LAWS?
Art.6:Attempted, Frustrated
Art.18&19:Accomplices&Accessories
Art.50-57:Prin in an attempt felon is 2deg,prin in frust is 1deg lower
than consu / Accom: 1deg lower than consu / Acce:2deg lower than consu
Art.13&14:Mitigating&Aggravating circumstances
Art.64: Rules App of penalties w/3PERIODS
Art.71: penalty is lowered by 1-2deg

When should you use the term: IMPRISONMENT and not Prision
Correccional?

Or how about "prision mayor" and "arresto mayor"?

SPECIAL LAWS
uses the Term : imprisonment.

RPC
uses the terms "Prision Correccional", "prision mayor", "arresto mayor".

What does SUPPLEMENTORY mean?

- It means to supply what is lacking; additional.
- Par2 of Article 10 is PERFECTLY APPLICABLE to special laws.
Articles in the RPC that are applicable to SPECIAL LAWS:
Art10 is the provision that allows supplementory application of the RPC to Special Laws.

Art22: Retroactive effect of PENAL LAWS if favorof the accused.

Art17: part. of prin. in comm of the crime
Art39: subsi. imprisonment in cases:insolvency to pay the fine
Art45: confiscation of instruements used

Whan is the supplementory application of the RPC allowed with SPECIAL

PENAL LAWS by virtue of Article 10?
Only when the SPECIAL PENAL LAW is SILENT on a particular matter.
1. Subsidiary Penalty
Article 39
2. Civil Liability
Article 100
3. Rules on Service of Sentence
Article 70
4. Definition on Principals, Accomplices&Accessories
Article 17, 18 & 19
5. Priciple of Conspiracy
Article 8
When is the RPC not suppletory to Special Penal Laws?
When the Penalties of the SPL are DIFFERENT from the RPC.

What is Article 11 of the RPC?

ART. 11. JUSTIFYING CIRCUMSTANCES. -- The following do not incur
criminal liability:
1. A.W.A.I.D.O. his PERSON or RIGHTS, provided that the following
circumstances concur:

1. Unlawful Aggression;

2. Reasonable Necessity of the meansemployed to prevent or repel it;

3. Lack of sufficient provocation on the part of the person defending himself.

2. A.W.A.I.D.O. the PERSON or RIGHTS of
his Spouse, Ascendants/Descendants, or Legitimate, Natural, or A.Brothers
and Sisters. Or of his relative by Affinity in the same Degrees, and those by
consanguinity with the fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are present, and the
further requisite, in case the provocation was given by the person attacked, that the
one making defense had no part therein.
3. A.W.A.I.D.O. the PERSON or RIGHTS of a stranger, provided that the first
and secondrequisite mentioned in the first circumstance of this article are present
and that the person defending be not induced by revenge, resentment or other evil
motive.
4. Any person who, in order to avoid an evil or injury does an act which causes
damage to another, provided that the following requisites are present:

1. That the evil sought to be avoided actually exists;

2. That the injury feared be GREATER than that done to avoid it.

3. That there be no other practical and less harmful means of

PREVENTING it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
RIGHT or OFFICE.
6. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.

WHAT ARE JUSTIFYING CIRCUMSTANCES?

 They are those where the act of a person is said to be in accordance with law,
so that such person is deemed not to have transgressed the law and is free
from both criminal and civil liability. The law recognizes that there is the
non-existence of a crime.

 Acts of such persons are justified, thus, no crime and no criminal.

WHO HAS THE BURDEN OF PROVING THE EXISTENCE OF
JUSTIFYING CIRCUMSTANCES?
The accused.

 The circumstances mentioned in Article 11 are matters of defenses so

that it is incumbent upon the accused, in order to avoid criminal
liability, to prove the justifying circumstances claimed by him to the
satisfaction of the court.

WHAT IS SELF-DEFENSE?
Anyone who acts in defense of his person or rights, provided the following
circumstances concur:

 Unlawful aggression

 Reasonable necessity of the means employed to prevent or repel it

 Lack of sufficient provocation on the part of the person defending

himself.

MUST ALL THE REQUISITES CONCUR IN ORDER TO INVOKE SELF-

DEFENSE?
YES.
For complete self-defense to apply, there must be a concurrence of all three
requisites.
Furthermore, the first requisite is an indispensable requisite, there can be no self-
defense, complete or incomplete, unless the victim has committed an unlawful
aggression.
WHAT ARE THE RIGHTS INCLUDED IN SELF-DEFENSE?

 Self defense includes not only the defense of the person or body of the one
assaulted but also that of his rights.

 When there is a defense of property, it must be coupled with an attack on the

person entrusted with the said property.

WHAT IS UNLAWFUL AGGRESSION?

There is unlawful aggression when the peril to one’s life limb or right is either
ACTUAL or IMMINENT.

 It is actual when there is an actual physical assault, and

 imminent when there is a threat to inflict real injury.

A policeman, threw stones at the accused who was avoiding arrest. The accused
threw the stones back and hit the policeman in the head.
 Can the accused plead self-defense?
 NO.
 The first requisite of self-defense requires the aggression must be unlawful.
In this case, the aggression caused bys the policeman was lawful since the
accused was trying to avoid arrest.
 (People of the Philippines v. Gayrama)

Two policeman, A and B, were kidding each other. A told B that he had no singing
voice. B, in the spirit of fun, seized A by the throat. A then took hold of his gun and
killed B.
 Can A plead self-defense?
 NO.
 The mere fact of seizing the accused by the throat in the spirit of fun cannot
be considered unlawful aggression since there was no peril to A’s life, limb
or right.