ARTICLE 6.
STAGES IN THE COMMISSION OF A CRIME (RPC) 2) The Acts of execution: the attempted, frustrated and consumated stages
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
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
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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 consumated 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 off the thing his 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 off 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
consumates the crime.
3. Robbery with Force Upon Things: The thing must be brought out of the
building to consumate 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).
STAGES OF EXECUTION OF A FELONY (ART. 6)
1. CONSUMMATED- All elements necessary for its execution and
accomplishment are present.
2. FRUSTRATED-The offender has performed all the acts of execution to
produce the felony as a consequence but the crime does not result due to
some cause independent of the will of the offender.
3. ATTEMPTED-The offender begins the commission of the felony by direct
overt acts but does not perform all the acts of execution which should
produce the felony as a consequence by reason of some cause or accident
other than his own spontaneous desistance.
FRUSTRATED FELONY
If the crime is not produced despite the performance by the offender of all
the acts of execution necessary to produce it due to the will of the offender,
a frustrated felony DOES NOT RESULT. Another felony may, however, be
committed if the acts so far performed are punished by law. So, if the
offender poisoned another and then because of remorse he himself
administered the antidote to prevent the death of the Victim, Frustrated
Murder is NOT committed although he may be liable for serious physical
injuries under Art. 264, or Homicide, if the Victim became ill or died,
respectively.
ATTEMPTED FELONY
1. If all the acts of execution are not performed due to an accident or any
cause, the crime is ATTEMPTED. But if the offender VOLUNTARILY DESISTED,
no attempted felony is committed, although the acts so far performed may
constitute another felony. So, if the offender prepared a picklock to rob a
house and on the way he desisted, attempted robbery is not committed. But
if arrested immediately after the desistance, he is liable for the crime of illegal
possession of a picklock.
Note: Viada reasoned out that if the offender does not perform all the acts of
execution due to spontaneous desistance, there is NO ATTEMPTED felony as
it is a sort of reward granted by law to one, having one foot on the verge of
crime, heed the call of his conscience and return to the path of righteousness.
However, if the overt acts performed would already constitute an attempt of
the crime intended to be committed, any desistance would be unavailing. So,
if A shot B with intent to kill him without hitting him, desistance from firing
again, would not affect As liability for an attempted felony. The desistance
refers to a crime intended to be committed and not to the crime actually
committed before the desistance.
2. An overt act in criminal law, is an outward act done in pursuance and
manifestation of a criminal intent or design. So if the offender is caught after
he made an opening on the wall of a storage before entering it, he cannot be
held liable for attempted robbery because the purpose of his intended
entrance is not yet known. But he is liable for attempted trespass to dwelling
as undoubtedly the opening was made to enter the store.
3. The nature of the action intended must be inferred from the nature of the
acts executed. The overt acts must have an immediate and necessary relation
to the offense intended. The overt act must logically and necessarily ripen
into a concrete offense.
4. There is no attempted felony by omission because overt acts are not
performed.