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STAGES OF EXECUTION OF A FELONY (ART. 6) again, would not affect A’s liability for an attempted felony.

The desistance
refers to a crime intended to be committed and not to the crime actually
1. CONSUMMATED- All elements necessary for its execution and
committed before the desistance.
accomplishment are present.
2. An overt act in criminal law, is an outward act done in pursuance and
2. FRUSTRATED-The offender has performed all the acts of execution to
manifestation of a criminal intent or design. So if the offender is caught after
produce the felony as a consequence but the crime does not result due to
he made an opening on the wall of a storage before entering it, he cannot be
some cause independent of the will of the offender.
held liable for attempted robbery because the purpose of his intended
3. ATTEMPTED-The offender begins the commission of the felony by direct entrance is not yet known. But he is liable for attempted trespass to dwelling
overt acts but does not perform all the acts of execution which should as undoubtedly the opening was made to enter the store.
produce the felony as a consequence by reason of some cause or accident
3. The nature of the action intended must be inferred from the nature of the
other than his own spontaneous desistance.
acts executed. The overt acts must have an immediate and necessary
FRUSTRATED FELONY relation to the offense intended. The overt act must logically and necessarily
ripen into a concrete offense.
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 4. There is no attempted felony by omission because overt acts are not
frustrated felony DOES NOT RESULT. Another felony may, however, be performed.
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,


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

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