CRIMINAL LAW Book 1 Criminal law- branch of law which defines crimes, treats of their nature and provides

for their punishment. Crime- an act committed or omitted in violation of a public law forbidding it. SOURCES OF PHIL. CRIMINAL LAW: Revised Penal Code (Act. 3815) Special laws passed by legislature PDs issued during Martial Law 2. No person shall be held to answer for a criminal offense w/o due process of law. Bill of attainder- legislative act which inflicts punishment without trial. CONSTITUTIONAL RIGHTS OF THE ACCUSED (Art. 3, Bill of Rights, of the 1987 Constitution): 1. Speedy disposition of cases 2. Due process of law 3. Right to bail (except for those charged with offenses punishable by reclusion perpetua) 4. No person shall be compelled to witness against himself 5. Right to remain silent 6. No torture, violence, threat or intimidation or any means which vitiate the free will shall be used against him 7. Excessive fines shall not be imposed 8. No cruel, degrading, or inhuman punishment shall be used 9. Right against double jeopardy 10. Free access to the courts and quasi-judicial bodies and adequate legal assistance STATUTORY RIGHTS OF THE ACCUSED (Sec. 1 Rule 115, Revised Rules on Criminal Procedure): 1. Presumption of innocence until proven guilty 2. To be informed of the nature and cause of the accusation against him 3. To be present and defend in person and by counsel at every stage of the proceedings. 4. To testify as a witness in his own behalf subject to cross-examination 5. To be exempt from being compelled to witness against himself. 6. To confront and cross-examine the witnesses against him at the trial. 7. To have compulsory process issued to secure the attendance of witnesses and production of other evidences in his behalf. 8. To have a speedy, impartial and public trial. 9. Right to appeal 1

No common law crimes (crimes that are deemed morally wrong by society) in the Philippines. Court decisions are not sources of criminal law as they merely explain the meaning of and apply the law as enacted by legislature. Police power of the State- State has the authority to define and punish crimes and to lay down rules of criminal procedure. LIMITATIONS ON THE POWER OF THE LAWMAKING BODY TO ENACT PENAL LEGISLATION (Bill of Rights, 1987 Consti.): 1. No ex post facto law or bill of attainder shall be enacted. Retroactive laws- laws prejudicial to the accused. Ex post facto law: -makes criminal an act done before the passage of the law -aggravates a crime -changes punishment and inflicts greater punishment than the law annexed to the crime when committed -alters legal rules of evidence and authorizes conviction upon less or diff. testimony than the law reqd. -assumes to regulate civil rights and remedies only -deprives accused some lawful protection to which he has become entitled. Ex post facto law= retroactive law

Rights which maybe waived for the reason that they are personal= right to confrontation and cross examination Rights which may not be waived for the reason that they involve public interest= Right to be informed of the nature and cause of accusation

Law of preferential application e.g. Rep. Act No. 75- favours diplomatic representatives and their domestic servants Persons exempt from the operation of our criminal laws by virtue of the principles of PIL: -Sovereigns and other chiefs of state -Ambassadors, ministers plenipotentiary ministers resident and charges daffaires. EX to the EX: A consul being commercial representative is not entitled to the privileges and immunities of an ambassador or minister 2. TERRITORIAL (Art. 2 of RPC) GENERAL RULE: Criminal law undertakes to punish crimes committed within Phil. territory. EXCEPTION-Provisions of RPC is applicable to those who: - Should commit an offense while on a Philippine ship or airship. - Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the GRP - Should be liable for acts connected with the introduction to the Phil. in the preceding; - While being public officers or employees should commit an offense in the exercise of their functions - Should commit any of the crimes against natl security and the law of nations 3. PROSPECTIVE GENERAL RULE: A Penal law cannot make an act punishable in a manner in which it was not punishable when committed (Art. 366 of the RPC). Illustration: Old Law (time committed) Offense Punishable New Law Not Punishable 2

CHARACTERISITCS OF CRIMINAL LAW 1. GENERAL GENERAL RULE: Criminal law is binding on all persons who live or sojourn in Philippine Territory. - Citizen or alien - Civilian or military GR: The jurisdiction of the civil courts is not affected by the military character of the accused. EX: Express legislation; Treaty stipulations GR: Civil courts have the concurrent jurisdiction (even in times of war) with general courts-martial over soldiers of the AFP (Rep. Act. No. 7055). EX: Service-connected crimes or offenses shall be triable on military courts or general courts-martial. Service connected crimes/offenses: limited to Art. 5470, Art. 72 to 92 and Art. 95-97 of the Commonwealth Act No. 408. Civil courts= RPC Military courts= Articles of War GR: The prosecution of an accused before a courtmartial is a bar to another prosecution of the accused for the same offense. GR: Offenders accused of war crimes are triable by military commission. EXCEPTIONS TO THE GENERAL APPLICATION OF CRIMINAL LAW: Treaties or Treaty Stipulations e.g. Bases Agreement between RP and US; RP-US Visiting Forces Accord

EX to the GR: When the new law is favourable to the accused EX to the EX: Where the new law is expressly made inapplicable to pending actions or existing causes of action Where the offender is a habitual (repetitive) criminal.

When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the new law. A person erroneously accused and convicted under a repealed statute may be punished under the repealing statute. A new law which omits anything contained in the old law dealing on the same subject, operates as a repeal of anything not so included in the amendatory act. Self repealing law- when an act expires by its own limitation, the effect is the same as though it has been repealed at the time of its expiration; and it is a recognized rule in this jurisdiction that repeal of a law carries with it the deprivation of the courts to try, convict and sentence persons charge with violation of the old law prior to the repeal. Construction of Penal Laws 1. Penal laws are strictly construed against the Government in favour of the accused. - May be invoked only where the law is ambiguous (statutory construction) 2. In the construction/interpretation of provisions if the RPC, Spanish text is controlling.

Different Effects of Repeal: 1. If the repeal makes the penalty lighter in the new law, the new law shall be applied. (Exception, Retroactive, Favorable) 2. If the new law imposed a heavier penalty, old law shall be applied (General Rule, Prospective, Not favourable) 3. If the new law totally repeals the existing law (Exception, Retroactive, Favorable) When the repeal is absolute, the offense ceases to be criminal When the new law and the old law penalize the same offense, the offender can be tried under the old law.

THE REVISED PENAL CODE Art. 1 Time when Act takes effect- January 1, 1932 Two Theories in Criminal Law Classical Theory Basis of criminal liability is free will Purpose of Penalty is retribution Man is essentially a moral creature Stresses on effect or result of felonious act Crime=Penalty Scant regard to the human element Positivist Theory Man is subdued by a strange and morbid phenomenon which constrains him to do wrong Crime is essentially a social and natural phenomenon

Art. 2 Application of Its Provisions *See Territoriality

In what cases are the provisions of the RPC applicable even if the felony is committed outside of the Philippines? (Triable by RTC) 3

1. When the offender should commit an offense while on a Philippine ship or airship. Exception: When the Phil. vessel or aircraft is in the territory of a foreign country, the crime committed on the said vessel or aircraft is subject to the laws of that foreign country. Philippine vessel/ aircraft: that which is registered in the Philippine Bureau of Cutoms. 2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government. 3. When the offender should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number. 4. When the offender, while being a public officer or employee should commit an offense in the exercise of his functions: - Direct/ indirect bribery - Frauds against public treasury - Possession of prohibited interest - Malversation - Failure to render accounts - Illegal use of public funds and property - Failure to deliver public funds and property - Falsification 5. When the offender should commit any of the crimes against national security and the law of nations -treason -espionage -piracy CRIMES COMMITTED ON BOARD A FOREIGN MERCHANT SHIP OR AIRSHIP GENERAL RULE: An offense committed on the high seas on board a foreign merchant vessel is not triable by our courts.

EXCEPTION: A continuing offense committed on board a foreign vessel which enters our territorial waters is triable by our courts. Rules as to Jurisdiction over Crimes Committed Aboard Foreign Merchant Vessels French Rule Such crimes are not triable in the courts of that country unless their commission affects the peace and security of the territory or the safety of the state is endangered English Rule= observed in the Philippines Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof.

Do the Philippine courts have jurisdiction over the crime of homicide committed on board a foreign merchant vessel by a member of the crew against another? General Rule: All must concede that felonious homicide is a subject of local jurisdiction and if the proper authorities are proceeding with the case in the regular way, the consul has no right to interfere. General Rule: Crimes not involving a breach of public order committed on board a foreign vessel in transit not triable by our courts. Possession of Opium Vessel in transit= not triable Vessel not in transit (Philippine as terminal port)=triable for possible importation of opium Smoking of opium= triable; it causes such drug to produce its pernicious effects w/in our territory. General Rule: Philippine courts have no jurisdiction over offenses committed on board foreign warships in territorial waters. Extra-territorial application of Republic Act No. 9372 Human Security Act of 2007

Art. 3 Felonies Felonies- acts and omissions punishable by the Revised Penal Code (Art. 3). Elements of Felonies: 1. 2. 3. That there must be an act or omission. That the act or omission must be punishable by the RPC Nullum crimen, nulla poena sine lege the act performed must be lawful That the act is performed or the omission incurred by means of dolo or culpa. A person causing damage or injury to another, without dolo or culpa, is not criminally liable under the RPC.

Act Any bodily movement taken to produce some effect in the external world. The act must be one which is defined by the RPC as constituting a felony or at least an overt act of felony. The act must be external, because internal acts are beyond the sphere of penal law.

Omission Inaction or the failure to perform a positive duty which one is bound to do. The omission must be punishable by law.

Examples: Abandonment of persons in danger; nonissuance of receipt as required by law; failing to report a conspiracy one has knowledge of.

Intentional Felonies (Felony by means of dolo) Acts and omissions are voluntary -act or omission is performed with deliberate intent which must necessarily be voluntary Committed by means of dolo (deliberate intent)

Culpable Felonies (Felony by means of culpa) Acts and omissions are voluntary -the imprudence/negligence consists in voluntarily, but without malice

Crimes punished under special laws

Committed by means of culpa (fault ; negligence and imprudence)

Dolo is not required It is sufficient that the offended has the intent to perpetrate the act prohibited by the special law. The act is injurious to public welfare and the doing of the prohibited act is the crime itself

When the offender in performing an act or incurring an omission has the intention to do an injury to the person or property

Malicious; offender acts with malice

A person who caused an injury without the intention to cause an evil Mind of the accused is not criminal The injury caused to another should be unintentional, it being simply the incident of another act performed without malice Not malicious; offender acts without malice

Criminal intent is necessary in felonies committed by means of dolo. Actus non facut reum, nisi mens sit rea Actus me invite factus non est meus actus General intent and specific intent (intent to gain, intent to kill)

In criminal negligence, the injury caused to another should be unintentional, it being simply an incident of another act performed without malice.

Intent to commit the crime and intent to perpetrate the act must be distinguished. It is enough that the prohibited act is done freely and consciously. No intent to perpetrate the act prohibited The act alone irrespective of its motives, constitutes the offense Good faith and absence of criminal intent not valid defences in crimes punished by special law

Absence of criminal intent is a good defense Good faith is a good defense as it negates criminal intent

Mistake in the identity of the intended is not reckless imprudence The defense of mistake of fact is untenable when accused is charged with a culpable felony

Requisites of Dolo FREEDOM INTELLIGENCE INTENT GR: Presumption arises from the proof of the commission of an unlawful act. Criminal intent and the will to commit a crime are always presumed on the part of the person who executes an act which the law punishes. EX: But the presumption of criminal intent does not arise from the proof of the commission of an act which is not unlawful. All three requisites of voluntariness in intentional felony must be present.

Requisites of Culpa FREEDOM INTELLIGENCE IMPRUDENCE-lack of skill NEGLIGENCE-lack of foresight

Mistake of Fact A misapprehension of fact on the part of the person who caused an injury to another. An honest mistake of fact negates the presumption of criminal intent. Lack of intent to commit a crime may be inferred from the facts of the case Requisites of mistake of fact as a defense:

Mistake of Law Not a defense for a felosny E.g. Pp vs. Bitdu

1. That the act done would have been lawful had the facts been as the accused believed them to be. Act done by the accused would have constituted: -a justifying circumstance -an absolutory cause -an involuntary act 2. That the intention of the accused in performing the act should be lawful. Mistake of fact does not apply in error in personae or mistake in identity of victim 3. That the mistake must be without fault or carelessness on the part of the accused. Ah Chong Case vs. Oanis Case Lack of intent to kill the deceased because his intention was to kill another, does not relieve the accused from criminal responsibility When accused is negligent, mistake of fact is not a defense. The defense of mistake of fact is untenable when accused is charged with a culpable felony

Mala Inse Wrongful from their very nature Serious t to their effects in society The intent governs When the acts are inherently immoral, they are mala inse, even if punished under special law

Mala Prohibita Wrong merely because prohibited by statute Violations of mere rules of convenience The only inquiry is, has the law been violated?

Intent The purpose to use particular means to effect such result

Motive The moving power which impels one to action for a definite result Not an essential element of a crime Motive is established by testimony of witnesses on the acts or statements of the accused Disclosure of motive is an aid in completing the proof of the commission but proof of motive is not enough to support conviction Lack of motive may be an aid in showing the innocence of the accused

Motive, when relevant Where the identity of the accused is in dispute;

Motive, when need not be established If the commission of the crime has been proven and the evidence of identification is convincing; 7

When there is two antagonistic theories or versions of the killing When there are no eyewitnesses to the crime and where suspicion is likely to fall upon a number of persons If evidence is merely circumstantial

Where the defendant admits the killing When guilt is otherwise establish by sufficient evidence

Art. 4. Criminal Liability- shall be incurred: 1. By any person committing a felony although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. GR: One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not. Rationale: el que es cause de la cause es cause del mal causado he who is the cause of the cause is the cause of the evil caused. Important phrases of Art. 4, par.1: committing a felony-felony committed by offender should be one committed by means of dolo (US vs. Divino) When a person has not committed a felony, he is not criminally liable for the result which is not intended (US vs. Villanueva, US vs. Bindoy) and 2) when the act is covered by any of the justifying circumstances of Art.11 2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender. Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something resulting in the latters injuries, is liable for the resulting injuries. Wrong done must be the direct, natural and logical consequence of felonious act. Natural- occurrence un the ordinary course of human life Logical- there is a rational connection between the act of the accused and the resulting injury. (Pp vs. Quianson, Pp vs. Marasigan, Pp vs. Mendoza) o o victim drowned after being chased by the accused with a knife victim removed drainage from wound as wound caused by the accused causes extreme pain and discomfort

although the wrongful act done be different from that which he intended Causes which may produce a result different from that which the offender intended: Mistake of identity/ error personae (PP vs. Oanis) (PP vs. Gona) Mistake in the blow/ aberration ictus (Pp vs. Mabugat) The act exceeds the intent/ praetor intentionem (Pp vs. Cagoco)

Requisites of Art. 4, Par. 1: 1. That an intentional felony has been committed; No felony is committed 1) when the act or omission is not punishable by RPC (e.g. suicide, self-defense; in fulfilment of a duty);

other causes cooperated in producing the fatal result as long as the would inflicted is dangerous except otherwise when it clearly appears that injury would not have caused death In cases where the victim was suffering from internal malady, blow must be the efficient cause of death, blow accelerated death and blow was proximate cause of death.

2. That death may be expected from the physical injuries inflicted 3. That death ensued within a reasonable time Impossible Crimes The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such person is a potential criminal. Requisites of impossible crime:

GR: The felony must be the proximate cause of death of resulting injury Proximate cause -that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. -there must be a relation of cause and effect which is not altered by pre-existing conditions, such as the pathological condition of the victim, the predisposition of the offended party, the concomitant or concurrent conditions, such as negligence or fault of doctors or the conditions supervening the felonious act such as infections. EX: Not a proximate cause of death when: 1. There is an active force that intervened and such force is a distinct act or fact absolutely foreign from felonious act 2. The resulting injury is due to the intentional act of the victim The following are not efficient intervening causes; -the weak or diseased physical condition of the victim -the nervousness or temperament of the victim -causes inherent to the victim -neglect of the victim or third person -erroneous or unskilful medical or surgical treatment When death is presumed to be the natural consequence of physical injuries inflicted: 1. That victim at the time the physical injuries were inflicted was in normal health

1. That the act performed would be an offense against persons or property. - Such a felony should not actually be committed, for, otherwise, he would be liable for that felony. There would be no impossible crime to speak of. 2. That the act was done with evil intent 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. a. Inherent impossibility of its accomplishment - Act intended is by its nature one of impossible accomplishment - There must be either legal impossibility or physical impossibility b. Employment of inadequate means - But where the means employed is adequate, and the result expected is not produced, it is not an impossible crime, but a frustrated felony. c. Employment of ineffectual means 4. That the act performed should not constitute a violation of another provision of the RPC. Purpose of the law in punishing the impossible crime- to suppress criminal propensity or criminal tendencies.

ART.5. Duty of the Court in connection with acts which should be repressed but which are not covered by the law and in cases of excessive penalties. ...in connection with acts which should be repressed but which are not covered by the law: 1. Act committed by the accused not punishable by any law. 2. Court deems it proper to repress such act 3. Court must render proper decision by dismissing the case 4. Judge should report to Chief Executive through Exec. Sec. stating the reasons which induce him to believe said act should be made the subject of penal legislation Basis: nullum crimen, nulla poena sine lege ...in cases of excessive penalties: 1. The court after trial finds the accused guilty; 2. The penalty provided by law and which the tocourt imposes for the crime committed appears clearly excessive:
Accused acted with lesser degree of malice No injury or the injury caused is of lesser gravity

Art. 5 of the RPC may not be invoked in cases involving acts of mala prohibita, because said article applies only to acts mala in se. ART 6. Consummated, Frustrated, and Attempted Felonies Development of Crime 1. Internal Acts- mere ideas in the mind of a person not punishable even if, had they been carried out, they would constitute a crime. Intention and effect must concur. 2. External Acts- cover preparatory acts and acts of execution. a. Preparatory acts- ordinarily they are not punishable except when the law provides for their punishment in certain felonies. E.g. buying poison, carrying a weapon or inflammable material E.g. of preparatory acts considered as independent crimes- possession of pick locks (Art. 304) b. Acts of Execution- they are punishable under the RPC. Stages of execution: attempted, frustrated, consummated Overt Acts- some physical activity or deed, indicating the intention to commit a particular crime, more than mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. Overt act may not be physical- there are felonies where because of their nature or the manner of committing them, the overt acts are not performed with bodily movements or physical activity. E.g. proposal of offering money constitute an overt act of the crime of corruption.

3. Court should not suspend the execution of the sentence 4. Judge should submit a statement to the Chief Exec., through the Secretary of Justice, recommending executive clemency. Courts have the duty to apply the penalty provided by law- it is a well-settled rule that courts are not concerned with the wisdom, efficacy or morality of law. That question falls exclusively within the province of the Legislature which enacts them and the Chief Executive who approves or vetoes them. -Dura Lex Sed Lex Judge has the duty to apply the law as interpreted by the Supreme Court- judge may state his opinion but he must first think that it is his duty to apply the law as interpreted by the Highest Court 2 Paragraph of Article 5 of the RPC has no application to the offense defined and penalized by a special law.
nd

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Preparatory acts and Overt Acts, distinguished -Criminal intent cannot be directly inferred from preparatory acts while such intent can be directly inferred from the overt act because such act has direct connection with the crime intended to be committed. Indeterminate offense -One where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous. -Intention of the accused must be viewed from the nature of the acts executed by him, and not from his admission. - Acts susceptible to double interpretation must not and cannot furnish grounds by themselves for attempted crime. Subjective Phase of the Offense -It is that 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 has still control over his acts, including their natural course.

In between these two points the offender is stopped by any cause outside of his voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced. The acts then of the offender reached the objective phase of the crime.

ATTEMPTED FELONY 1. Offender commences the commission of the felony directly by overt acts When is the commission of a felony deemed commenced directly by overt acts? a. That there be external acts b. Such external acts have direct connection with the crime intended to be committed Only offenders who personally execute the commission of a crime can be guilty of attempted felony When there is conspiracy, the rule is the act of one is the act of all. In the following cases, the stage of

FRUSTRATED FELONY 1. The Offender performs all the acts of execution. Offender has performed the last act necessary to produce the crime. GR: The belief of the accused need not be considered. What should be considered is whether all the acts of execution performed by the offender would produce the felony as a consequence. EX: The SC in certain cases has emphasized the belief of the accused E.g. Pp vs. Sy Pio; Pp vs. Dagman In crimes against persons which requires the victims death to consummate the felony, it is necessary

CONSUMMATED FELONY All elements for its execution and accomplishment are present When a felony has two or more elements and one of them is not proved by the prosecution during the trial, either: 1.Felony is not shown to have been consummated 2.Felony is not shown to have been committed 3.Another felony is shown to have been committed

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execution was held to be attempted because there was no wound inflicted or the wound inflicted was not mortal: US vs. Bien, Pp. Vs. Kalalo, Pp vs. Domingo, Pp vs. Somera 2. He does not perform all the acts of execution which should produce the felony E.g. Pp v. Lamahang Accused was only charged with attempted trespassing as he was yet to commence entering the dwelling

for the frustration of the same that a mortal would be inflicted, because then the wound could produce the felony as a consequence. E.g. People vs. Honrada, PP vs. Mercado, Pp. Vs. David 2. All acts performed would produce Specific elements of a felony in order the felony as a consequence for it to be consummated: Pp. Vs. Borinaga- It is the preventing of death by causes independent of the will of the perpetrator, after all acts of execution had been performed, that constitutes the frustrated felony and not the preventing of the performance of all the acts which constitute the felony (dissenting opinion). Pp vs. Kalalo- In crimes against persons such as murder, which require that the victim should die to consummate the felony, it is necessary for the frustration of the same that a mortal wound is inflicted. 3. But the felony is not produced Homicide/murder- death of the victim Theft- actual taking of the thing belonging to another Estafa- element of damage Robbery- offender gets hold of the thing taken and/ or is in the position to dispose of it freely Forcible abduction- element of lewd design

3. The offenders act is not stopped by his own spontaneous desistance The desistance which exempts from criminal liability has reference to the crime intended to be committed and has no reference to the crime actually committed by the offender before his desistance. In an attempted felony, the offender never passes the subjective phase of the offense. 4. The non-performance of all acts was due to the cause or accident other than his spontaneous desistance E.g. A aimed pistol at B to kill the latter but when he pressed the trigger, it jammed and no bullet was fired from the pistol

4. By reason of causes independent of the will of the perpetrator If the crime is not produced because of the timely intervention of a third person, it is frustrated. If the crime is not produced because the offender himself prevented its consummation, there is no frustrated felony, for the fourth element is not present. 12

Frustrated Felony distinguished from attempted felony Attempted Felony Offender has not accomplished his criminal purpose Offender merely commences the commission of the felony directly by overt acts Offender has not passed the subjective phase There is an intervention of a foreign or extraneous cause between the beginning of the consummation of the crime and the moment when all acts have been performed Frustrated Felony Offender has not accomplished his criminal purpose Offender has performed all the acts of execution which would produce the felony as a consequence. Offender has reached the objective phase There is NO INTERVENTION of a foreign or extraneous cause between the beginning of the consummation of the crime and the moment when all acts have been performed

- Consummation of the crime of arson does not depend on upon the extent of the damage caused Consummated Arson- if a portion of the wall or any other part of the house is burned Frustrated Arson- When offender performed an act directly connected to the crime of arson, having set fire to inflammable materials but no part of such structure was burned Attempted Arson- When offender performed an act directly connected to the crime of arson but was apprehended by some foreign or extraneous cause. 2. Elements Constituting the Felony Theft- crime is consummated when the thief is able to take or get hold of the thing belonging to another even if he is not able to carry it away. Estafa- crime is consummated when the offended party is actually damaged or prejudiced. If the element of damage is not proved, accused may be found guilty of attempted or frustrated estafa. Frustrated Theft- Espiritu case vs. Dio case Element of intent to kill when present in inflicting physical injuries may either be attempted or frustrated parricide or murder or homicide.

Attempted or Frustrated Felony distinguished from Impossible Crime Attempted or Frustrated Felony Evil intent of the offender is not accomplished Evil intent is possible of accomplishment What prevented the accomplishment of the evil intent is the intervention of certain cause or accident in which the offender has no part Impossible Crime Evil intent of the offender is not accomplished Evil intent cannot be accomplished Evil Intent cannot be accomplished as it is inherently impossible of accomplishment or because the means employed is inadequate or ineffectual

Manner of committing the crime 1. Formal crimes- consummated in one instant, no attempt because between the thought and the deed there is no chain of acts that can be severed in any link. e.g. slander, false testimony, sale of marijuana and other prohibited drugs. 2. Crimes consummated by mere attempt or proposal by overt act. e.g. Flight to enemys country, corruption of minors 3. Felony by omission- because in this kind of felony, the offender does not execute acts. He omits to perform an act which the law requires him to do.

How to determine whether crime is only attempted or frustrated or it is consummated: 1. Nature of the crime E.g. Arson- it is not necessary that the property is totally destroyed by fire

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4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement. e.g. betting in sports contests, corruption of public officer , bribery When offer made by one party is rejected by other party- frustrated felony In the case of bribery: When the offer made by one party is accepted by the other party for the use of the same as evidence- attempted bribery 5. Material crimes- the three stages of execution; not consummated by a single act. There is no attempted or frustrated impossible crime because the acts performed by the offender are considered as constituting a consummated offense. ART. 7. When light felonies are punishable Light felonies- infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. Light felonies under the RPC: - Slight physical injuries - Theft - Alteration of boundary marks - Malicious mischief - Intriguing against honor GR: Light felonies are punishable only when they have been consummated. EX: Light felonies committed against persons or property are punishable even if attempted or frustrated.

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