Acdal, John Martin U.

Assignment for Article 6 and 8

1.

Attempted Felony
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. There is such intervention and the offender
does not arrive at the point of performing all of the acts, which should produce the crime. He is stopped
short of the point by some cause apart from his voluntary desistance.

Example:

Suppose you break into my house but are caught without any of my belongings. You attempted but did
not complete a burglary because you did not steal anything. Another scenario would be if you were
caught removing my neighbor's fence posts in attempt to gain access to my land. You've only committed
attempted trespass; even if you intended to break into my home, you haven't done so, and you haven't
even tried trespass because you never entered my land.

Frustrated Felony
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 no intervention of a foreign or extraneous cause between the beginning of the
commission of the crime and the moment when all of the acts have been performed which should result
in the consummated crime. Also, the offender did all that was necessary to commit the crime. If the
crime did not result as a consequence, it was due to something beyond his control.

Example:

Suppose you intend to poison your neighbor to murder him. The poison is then mixed into the food he is
consuming. The physicians in the hospital then save his life. Because you didn't truly succeed in
murdering him, that's a frustrated homicide. You plainly intended to conduct first-degree homicide, but
you were thwarted due to circumstances beyond your control

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

Example:

You despise your next-door neighbor and plan to murder him when he leaves for work. You go out and
get a gun, and you keep an eye on his house so you can figure out what he's up to. You approach him at
the perfect time and shoot him in the back of the head when you're ready to follow out your plan. As a
Acdal, John Martin U.

result, he dies. Because everything is present, this is a consummated (first-degree killing). You plotted to
kill him (premeditation), and then you executed your plan flawlessly, achieving the exact result you
desired.

2.

Preparatory acts - ordinarily they are not punishable, but preparatory acts which are considered in
themselves, by law, as independent crimes are punishable. Ex: buying or preparing poison or weapon
with which to kill the intended victim; carrying inflammable materials to the place where a house is to
be burned.

Overt Acts It is some physical activity or deed, indicating the intention to commit a particular crime,
more than a mere planning or preparation, which if carried to its complete termination following its
natural course, without being frustrated by external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete offense.

Spontaneous means proceeding from natural feeling or native tendency without external constraint;
synonymous with impulsive, automatic and mechanical.

The accused will be exempt from criminal liability only when: 1. Spontaneous desistance is done during
the attempted stage; and 2. No crime under another provision of the Code or other penal law is
committed. d. The non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance.

3.

Subjective phase
Portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to that point where he still has control over his act, including their ntural
course

Objective phase
The result of the acts of execution, that is, the accomplishment of the crime.
a. if the subject and objective phases are present, there is a consummated felony.
b. The spontaneous desistance of the accused is exculpatory on a. if made during the attempted
stage, and b. provided that the acts already committed do not constitute any offense.

4.

There are three concepts of intent to kill, to wit: (1) intent to kill as an element of murder or homicide;
(2) lack of intent to kill on the basis of which mitigating circumstance of praeter intentionem shall be
Acdal, John Martin U.

appreciated; and (3) intent to kill as a requisite of the qualifying circumstance of by means of fire,
explosion or poison.

Intent to kill is an element of homicide or murder. However, the significance of this intent varies
depending upon circumstance of the victim and the issue involved. Where the offender with a bolo or
knife hacked or stabbed the victim, or fired his gun at him without hitting or killing him, the crime
committed is attempted or frustrated homicide or murder if there is intent to kill (People vs. Kalalo, G.R.
No. 39303, March 17, 1934). But if the acts were perpetrated without intent to kill, the crime committed
is threat (U.S. vs. Simeon, G.R. No. 1603, April 15, 1904), discharge of firearm (People vs. Agbuya, G.R.
No. 36366-36368, September 23, 1932), physical injuries (Roque vs. People, G.R. No. 193169, April 6,
2015) or discharge of firearm with physical injuries (People vs. David, G. R. Nos. 39708, 39709, April 16,
1934).

Intent to kill is not presumed where the victim did not die. The prosecution must prove intent to kill
beyond reasonable doubt. Usually, the intent to kill is shown by the kind of weapon used by the
offender and the parts of the victim's body at which the weapon was aimed, as shown by the wounds
inflicted (Roque vs. People, supra).

5.

Theft is consummated when three (3) elements concur: (1) the actual act of taking without the use of
violence, intimidation, or force upon persons or things; (2) intent to gain on the part of the taker; and (3)
the absence of the owner's consent.

6.

The crime of rape is deemed consummated even when the man's penis merely enters the labia or lips
of the female organ or, as once so said in a case, by the mere touching of the external genitalia by a
penis capable of consummating the sexual act.

7.

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. Conspiracy and proposal to commit a crime are
only preparatory acts, and the law regards them as innocent or at least permissible except in rare and
exceptional cases.

Conspiracy Exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. Direct proof is not essential to establish conspiracy. Conspiracy must be
alleged in the information in order that an accused may be held liable for the acts of his co-accused.
Acdal, John Martin U.

Requisites:
1. Two or more persons came to an Agreement;
2. The agreement pertains to the Commission of a felony; and
3. The execution of the felony was Decided upon.

There must be participation with a criminal resolution because simple knowledge thereof by a person
may only make him liable as an accomplice.

8.

When the defendants by their acts aimed at the same object, one performing one part and the other
performing another part so as to complete it, with a view to the attainment of the same object, and
their acts, through apparently independent, were in fact concerted and cooperative, indicating
closeness of personal association, concerted action and concurrence of sentiments, the court will be
justified in concluding that said defendants were engaged in a conspiracy. Also, the acts of the
defendants must show a common design where there must be unity of purpose and unity in the
execution of the unlawful objective.

9.

Conspiracy as a felony and Conspiracy as a means of incurring criminal liability

Felony, Conspirators should not actually commit treason, rebellion, etc., it being sufficient that two or
more persons agree and decide to commit it; and the crime was actually committed and relates to a
crime actually committed.

Manner Of Incurring Criminal Liability, If the conspirators commit treason, they will be held liable for
treason, and the conspiracy which they had before committing treason is only a manner of incurring
criminal liability, not treated as a separate offense but used to determine the liability of the offenders;
Conspiracy is not treated as a separate offense but is used to determine the liability of the offenders;
and The act of one is the act of all.