STAGES OF EXECUTION

Art. 6. Consummated, frustrated, and attempted felonies. —

Consummated felonies as well as those which are frustrated and
attempted, are punishable. chanrobles virtual law library

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.chanrobles virtual law library

There is an attempt when the offender commences the

commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by
reason of some cause or accident other than this own
spontaneous desistance.
CONSUMMATED FELONY
- When all the elements necessary for its execution and accomplishment are present.

FRUSTRATED FELONY
- 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.

ATTEMPTED FELONY
- 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.
Elements of attempted felony
(1) The offender commences the commission of felony by directly
overt acts
(2) He does not perform all the acts of execution which would
produce the felony
(3) The offender's act is not stopped by his own spontaneous
desistance, and
(4) The non-performance of all acts of execution was due to cause or
ACCIDENT other than his spontaneous desistance.
When the cause of non-performance of all the acts
necessary for the commission of the offense is other than
the offender's spontaneous desistance, the felony is
ATTEMPTED.

Keyword: "by accident"

 Yes--some crimes have NO frustrated stage. Examples are:

(1) Rape--where the gravamen of it is carnal knowledge, the slightest penetration of the
female organ consummates the felony.

(2) Arson--where the burning of even a portion of the building is already considered arson.

(3) Theft or robbery--where the moment the offender has complete control of the property
consummates the felony. Mere intent to gain in theft consummates the felony.
Attempted- not all acts of execution had been
done
Frustrated- all acts of execution had been
performed
Attempted- it is a cause or accident other
than the offender's own spontaneous
desistance
Frustrated- the offender is already in the
objective phase
From the moment the culprit conceives the idea of
committing a crime up to the realization of the
same, his act passes through certain stages, which
are:
- Internal acts and
- External acts

Internal acts are mere ideas in the mind of the

person which are not punishable even if, had they
been carried out, they would constitute a crime.
The external acts of a crime cover the
(a) Preparatory acts and
(b) Acts of execution
 Ordinarily, preparatory acts 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 in certain felonies.

(Example: buying a poison with which to kill the intended

victim or carrying inflammable materials where a house is
to be burned)
 Yes--they are punishable under the RPC and
the stages are comprised of (a) attemped, (b)
frustrated and (c) consummated felony.
 Preparatory act = If A bought poison from a
drugstore, the preparation for the killing of B by
means of poison is only a preparatory act. For such
may be used for other purposes such that it may be
used to kill rats.

Overt act = But if A mixed the poison with food

intended for B, such would be an overt act since
such is already a preparation to commit murder.
It is one where the purpose of the offender in
performing an act is not certain. Its nature in
relation to its objective is ambiguous.
To determine whether or not a crime is only
attempted, frustrated or consummated, the
following must be considered:

- Nature of the offense

- Elements constituting the felony
- The manner in committing the same.
In the crime of Arson for instance, it is NOT
necessary that the property is totally
destroyed by fire since it is consummated
already even if only a portion of the wall or
any other part of the house is burned.
 In the crime of Theft for instance, the crime is
consummated when the thief is able to take or get
hold of the thing belonging to another, even if he is
not able to carry it away.

In Estafa, the crime is consummated when the

offended party is actually damaged or prejudiced.
 The SC ruled that there is no crime of
frustrated theft, thereby declining to adopt
the Dino and Flores ruling in this jurisdiction.