Art.6 Consummated, Frustrated & Attempted Felonies Flashcards
What is ARTICLE 6 of the RPC?
CONSUMATED, FRUSTRATED, 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;
- And it is 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 by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
What are INTERNAL ACTS?
Mere ideas of the person
o Not punishable! No acts yet
o Mere INTENT producing NO EFFECT is not liable; Vice versa also not a crime
What are EXTERNAL ACTS?
- Preparatory – usually not punishable
Ex: proposal and conspiracy to commit a felony NOT punishable
Ex: Unless provided by law (treasons, possession of picklocks)
- Acts of Execution – Punished by RPC
By stages: Attempted, frustrated, consummated
All are punishable even if not finished
What is a CONSUMMATED felony?
all elements necessary for accomplishment are done.
When the felony has two or more elements and one of them is not proved by the prosecution in the trial, either:
1) Felony is not consummated
2) Felony is not committed
3) Another felony was accomplished
How do you DETERMINE if the CRIME is ATTEMPTED, FRUSTRATED, or CONSUMMATED?
1.Nature of crime
Is it arson, murder, theft?
What degree of such is it?
2.Elements constituting the felony
If homicide, did the victim die?
If theft, was property stolen?
3.Manner of commission
a.Formal Crimes – consummate in one single act (no attempt)
Ex: Slander, false testimony
b.Crimes consummated by mere attempt or proposal/overt act
Ex: Flight to enemy’s country, corruption of minors. No attempted version.
c.Felony by omission – no attempted felony possible because the offender does not execute acts. Felony is the omission of acts required by law to do.
d.Crimes requiring intervention of two persons to commit them are consummated by mere agreement.
e.Material crimes – have 3 stages of execution (not one single act)
What’s a FRUSTRATED FELONY?
all acts performed w/c would produce the felony but still does not happen by causes independent of the person’s will.
What are the ELEMENTS of a FRUSTRATED FELONY?
- Performs all acts of execution
o Nothing more is to be done
o Has performed last necessary act for crime to be done
Ex: A shoots B with intent to kill.
•If wounded or miss, ATTEMPT.
•If mortally wounded, but alive, FRUSTRATED
•If killed, CONSUMMATED.
2.Would produce felony as a consequence
oUsually if injury is not mortal/fatal then it is only attempted felony
3.Felony not produced – if produced, then it would be consummated!
4.Causes independent of will of perpetrator
oEven if all acts performed, certain causes may prevent its consummation
oIf stopped by own will, then intent to kill disappears and is not a felony
What is an ATTEMPTED felony?
Begins the felony directly by overt acts but does not perform all because of some accident other than his own desistance.
What are the ELEMENTS of an ATTEMPTED FELONY?
1.Begins commission of felony over overt acts
- Act must be logical result of an offense
- Sometimes not physical (bribing public official)
- Must be committed by person himself who wants to commit the offense
Ex: A tells B to kill C. B refuses. A cannot be liable for attempted murder.
If B continues but fails, A and B are liable because of conspiracy – act of one = act of all.
2.Does not perform all acts of execution w/c would produce the felony
If all acts are performed and nothing else is to be done, but still fails, it is FRUSTRATED.
- Not stopped by himself
•No crime if person stops himself
•Sort of reward by the law if person heeds conscience and stops in middle of crime
•Desistance must be made BEFORE completion of all acts for execution
EX: A fires at B but did not hit. B says stop. A stops. A still liable since he had already acted with intent to kill before stopping. - Non-performance due to independent cause/accident
Cause – A pickpockets B, but B catches him.
Accident – A shoots B but the gun jams and does not fire.
What are Overt Acts?
Physical act which indicated intention of a crime.
PEOPLE V. TABAGO
FACTS: Tabago makes motion to draw gun but Chief hugs him and prevents such. Tabago asks companion to shoot Chief but they’re too close. Companion shoots not aimed at anybody (warning shot?)
ISSUE: W/N Tabago is liable for attempted murder.
HELD: Motion to draw pistol can be interpreted in many ways. To be liable, he must’ve aimed it at Chief. So no.
What is an INDETERMINATE OFFENSE?
Purpose of offender in performing an act is not certain. Objective’s ambiguous.
- Intention must be determined through ACTIONS not ADMISSION
- Acts which have double interpretation (in favor AND against accused) cannot have liability
- Overt acts must have relation to offense
PEOPLE V. LAMAHANG
FACTS: Lamahang destroys once board protecting shop door. Before he could destroy another and enter, policeman shows.
ISSUE: W/N Lamahang is liable for attempted trespass.
HELD: YES – Since not all acts were completed and the actions clearly showed desire to trespass, he is liable.
Do ATTEMPTED FELONY pass the Subjective Phase?
No.
Portion of acts constituting the crime starting from point where offender begins the commission until where he has still control over his act.
- If stopped between those two points other than his own will, it is ATTEMPTED FELONY.
- If stopped after last act but crime fails, FRUSTRATED.
Is there such ATTEMPTED or FRUSTRATED IMPOSSIBLE CRIME?
There is no ATTEMPTED OR FRUSTRATED IMPOSSIBLE CRIME because all acts have been performed already.
No ATTEMPTED version is possible and performance of all acts constitutes CONSUMMATION.
End result is not achieved due to inherent impossibility or ineffectual means.
