ARTICLE 6.

STAGES IN THE COMMISSION

OF A CRIME (RPC)
I. Introduction: Generation of a Crime
A. The first is the Mental Stage
General Rule: Mental acts such as thoughts, ideas,
opinions and beliefs, are not subject of penal
legislations. One may express an idea which is
contrary to law, morals or is unconventional, but as
long as he does not act on them or induce others to
act on them, such mental matters are outside the
realm of penal law and the person may not be
subjected to criminal prosecution.
B. The Second: The External Stage which is where the
accused performs acts which are observable
1). The Preparatory acts: Acts which may or may
not lead to the commission of a concrete crime.
Being equivocal they are not as rule punishable
except when there is an express provision of law
punishing specific preparatory acts.
Example: (i) the general rule: buying of a gun, bolo
or poison, even if the purpose is to use these to kill
a person; so also with conspiracies and proposals.
(ii) the exception: possession of picklocks and
false keys is punished; as with conspiracies to
commit treason, rebellion, sedition and coup detat
2) The Acts of execution: the attempted, frustrated
and consumated stages
II. Application of Article 6:
Only to intentional felonies by positive acts but not to:
(i). Felonies by omission (ii) Culpable felonies and
(iii) Violations of special laws, unless the special law
provides for an attempted or frustrated stage.
Examples of the exception are The Dangerous Drugs
Law which penalizes an attempt to violate some of its
provisions, and The Human Security Act of 2007
III. The attempted stage:
"the accused commences the commission of a
felonious act directly by overt acts but does not
perform all the acts of execution due to some cause or
accident other than his own spontaneous desistance

A).(1). The attempt which the Penal Code punishes is

that which has a connection to a particular, concrete
offense, that which is the beginning of the execution
of the offense by overt acts of the perpetrator, leading
directly to the its realization and commission (2) The
act must not be equivocal but indicates a clear
intention to commit a particular and specific felony.
Thus the act of a notorious criminal in following a
woman can not be the attempted stage of any felony.
B). Overt or external act is some physical deed or
activity, indicating the intention to commit a
particular crime, more than a mere planning or
preparation, which if carried out to is 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
Normal 0 false false false EN-US X-NONE XNONE MicrosoftInternetExplorer4 /* Style
Definitions */ table.MsoNormalTable {mso-stylename:"Table Normal"; mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0; mso-style-noshow:yes;
mso-style-priority:99; mso-style-qformat:yes; msostyle-parent:""; mso-padding-alt:0in 5.4pt 0in
5.4pt; mso-para-margin:0in; mso-para-marginbottom:.0001pt;
mso-pagination:widow-orphan;
font-size:11.0pt; font-family:"Calibri","sans-serif";
mso-ascii-font-family:Calibri;
mso-ascii-themefont:minor-latin; mso-fareast-font-family:"Times
New Roman"; mso-fareast-theme-font:minorfareast; mso-hansi-font-family:Calibri; mso-hansitheme-font:minor-latin;
mso-bidi-fontfamily:"Times New Roman"; mso-bidi-themefont:minor-bidi;}
C). Examples:
1. The accused pressed a chemically -soaked
cloth on the mouth of the woman to induce her
to sleep, while he lay on top of her and pressed
his body to her. The act is not the overt act that
will logically and necessarily ripen into
rape. They constitute unjust vexation. ( Note: it
would be attempted rape if he tried to undress
the victim or touch her private parts) ( Balleros
vs. People, Feb, 22, 2006)

2. One found inside a house but no article was

found on him, is liable for trespass and not for
attempted theft or robbery even if he is a
notorious robber
3. One found removing the glass window panes
or making a hole in the wall is not liable for
attempted robbery but for attempted trespass
D) The accused has not yet passed the subjective
phase or that phase encompassed from the time an
act is executed which begins the commission of the
crime until the time of the performance of the last
act necessary to produce the crime, but where the
accused has still control over his actions and their
results.
E).The accused was not able to continue
performing the acts to produce the crime. He was
prevented by external forces and not because he
himself chose not to continue. Such as when his
weap0n was snatched, or his intended victim
managed to escape, or he was overpowered or
arrested.
F). If the accused voluntarily desisted i.e he
himself decided not to continue with his criminal
purpose, then he is not liable.
1. Reason: This is an absolutory cause by way
of reward to those who, having set one foot on
the verge of crimes, heed the call of their
conscience and return to the path of
righteousness. .
2. The reason for the desistance is immaterial
3. Exceptions: when the accused is liable
despite his desistance
a). when the act performed prior to the
desistance already constituted the attempted
stage of the intended felony. For example:
the accused, with intent to kill, shot at the
victim but missed after which he desisted,
his acts already constituted attempted
homicide
b). When the acts performed already gave
rise to the intended felony. The decision not
to continue is not a legal but factual

desistance. As in the case of a thief who

returned what he stole.
c). When the acts performed constitute a
separate offense. Pointing a gun at another
and threatening to kill, and then desisting
gives rise to grave threats.
IV. The Frustrated Stage:
the accused has performed all the acts of execution
necessary to produce the felony but the crime is not
produced by reason of causes independent of the will
of the accused.
A. The accused has passed the subjective phase
and is now in the objective phase, or that portion in
the commission of the crime where the accused has
performed the last act necessary to produce the
intended crime and where he has no more control
over the results of his acts.
B. The non-production of the crime should not be
due to the acts of the accused himself, for if it were
he would be liable not for the frustrated stage of
the intended crime, but possibly for another
offense.

Thus: where the accused shot the victim mortally

wounding him, but he himself saved the life of his
victim, his liability is that for serious physical
injuries as the intent to kill is absent.
C. Attempted vs. Frustrated Homicide/murder.
Where the accused, with intent to kill, injured the
victim but the latter did not die, when is the crime
attempted or frustrated?
1. First View: The subjective phase doctrine.
If at that point where the accused has still
control over the results of his actions but is
stopped by reason outside of his own desistance
and the subjective phase has not been passed,
the offense is attempted
2. Second View: The Mortal Wound or Life
Threatening Injury Doctrine: If a mortal wound
or life threatening injury had been inflicted, the
offense is frustrated, else it is attempted
( Palaganas vs. PP., Sept. 12, 2006)

3. Third View: The belief of the accused should

be considered in that if the accused believed he
has done all which is necessary to produce
death, then it is frustrated.
V. Consummated.
When all the elements of the crime are present
whether it be the intended crime or a different crime
VI. Factors to Consider in determining the proper
stage.
A. The manner of the commission of the crime and
how it is defined by the RPC. Some crimes have
only the consummated stage (Formal crimes) such
as threats, coercion, alarms and scandal, slander,
acts of lasciviousness.
In rape the gravamen is whether there is
penetration or not, no matter how slight, hence
rape is either attempted or consummated.
B. The elements of the felony.
1. Theft: it is consummated once the article is in
the material physical possession of the accused,
whether actual or constructive. His ability to
dispose of the thing is immaterial and does not
constitute an element.
N.B. Decisions of the CA as to bulky items
where the accused must have the opportunity
dispose of or appropriate the articles have
already been reversed. The doctrine now is that

theft has no frustrated stage ( Valenzuela vs.

PP. June 21, 2007)
2. Estafa: It is not the material possession but
the existence of damage which consummates
the crime.
3. Robbery with Force Upon Things: The thing
must be brought out of the building to
consummate the crime.
C. The Nature of the Felony Itself
1. Crimes which require the participation of two
persons have no frustrated stage.
Examples: Adultery and concubinage; corruption
of a public official.
2. There are crimes which are punished according to
their results and not the intention of the accused
such as physical injuries.
3. As to Arson: it is consumated once a part of the
building is burned. It has been ruled that if the
accused lit certain materials but no part of the
building as burned, the crime is in its frustrated
stage and if there was no material which was as
yet lit, then arson is still in its attempted. Thus
one who places sacks soaked in gasoline near the
post and lit it but no part of the building was
burned, committed frustrated arson.
(Personal Opinion: there can be no frustrated stage,
but only attempted stage if the fire was not yet applied
to the building. But if fire was applied to the building
or a part thereof but no part of the building was
burned, then it is attempted. The only consideration is
whether or not the accused succeeded in burning a
part of the building. If no part of the building was
burned, it is still attempted arson no matter how far
gone were the acts of the accused)