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

Consummated felonies as well as those which are frustrated and

attempted, are punishable.
A felony is consummated when all the elements necessary for
its execution and accomplishment are present;
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 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.
ATTEMPTED
Elements: ODON
1. The Offender commences the commission of the felony
directly by overt acts;
2. He Does not perform all the acts of execution which
should produce the felony;
3. The Offenders act is not stopped by HIS OWN
SPONTANEOUS DESISTANCE;

4. the Non performance of all acts of execution was due

to cause of accident other than HIS OWN
SPONTANEOUS DESISTANCE;

The commission of the felony is deemed commenced directly by overt

acts when:
1) there be external acts;
2) such external acts have direct connection with the crime intended to
be committed
CASE:
People v lamahang
- accused was caught in the act of making an opening with iron bar
SC: concrete offense, which is the beginning of the execution of the
offense by overt acts of the perpetrator

People v Dio
- accused were unsuccessful since the watch was still securely
strapped to the victims wrist. Crime of robbery was not
consumated
- killing is merely incidental to the plan to carry out the robbery
accused convicted of attempted robbery with

FRUSTRATED
Elements: OA -BB
1. The Offender performs all the acts of execution;
2. All the acts performed would produce the felony as a
consequence;
3. But the felony is not produced;
4. By reason of causes independent of the will of the
perpetrator.
*** no consummation, because of causes or reasons in dependent of
the will of perpetrator
- reasons beyond his control

In frustrated felony, the offender must perform all the acts of

execution. Nothing more is left to be done by the offender, because he
has performed the last act necessary to produce the crime
People v Orita
- accused enter the room, victim was told to lie down & hold his penis
& insert it into her vagina. With that position victim was able to
escape & report to the police
- SC: from the moment accused has carnal knowledge of his victim,
he attains his purpose and all the essential elements of the offense
have been accomplished.
No frustrated rape, felony is consummated rape
People v Listerio
- accused thought that victim was already dead and fled after, when
they hit him twice with a lead pipe and victim lost conciousness
- SC: frustrated felony,
A crime cannot be held to be attempted unless the offender, after
beginning the commission of the crime by overt acts, is prevented,
against his will, by some outside cause from performing all of the acts

which should produce the crime. In other words, to be an attempted

crime the purpose of the offender

CONSUMATED
Requisites:
1. All the acts of execution are present
2. The result is achieved
Every crime has its own elements which must all be present to
constitute a culpable violation of a precept of law.
People v Adiao
- accused abstracted a leather belt from a Japanese
- SC: Since the defendant performed all the acts of execution
necessary for the accomplishment of the felony, he is guilty of
consummated crime of theft
- all the elements of the completed crime of theft are present