Article 6: Stages of Execution of A Felony

Question 1

What are the stages in the commission of a felony

Answer 1

1. Attempted Stage
2. Frustrated Stage
3. Consummated Stage

Question 2

What is an attempted felony

Answer 2

1. That the offender commences the commission of a felony directly by overt acts;
2. That the offender was not able to perform all the acts of execution; and
3. The offender was not able to perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.

Question 3

What is an indeterminate offense

Answer 3

The overt act in relation to the intent of the offender is ambiguous. Out of the overt act, you cannot know what the real intent of the said offender was.

Question 4

What is a frustrated felony

Answer 4

1. That the offender has performed all the acts of execution to produce the felony; and
2. The felony was not produced by reason of causes independent of the will of the perpetrator.

Question 5

What is a consummated felony

Answer 5

A felony is consummated when all the elements necessary for its execution and accomplishment are already present.

Question 6

Crimes that do not admit the frustrated stage

Answer 6

1. Theft
2. Rape
3. Arson

Question 7

When is there consummation of rape

Answer 7

According to the SC, what jurisprudence considers as consummated rape is when an erect penis penetrates the vulval cleft or the pudendal cleft of the labia majora of a woman’s vagina, no matter how slight, no matter how minimum.

Question 8

When is there attempted rape

Answer 8

According to the SC, a mere grazing by the penis of the fleshy portion, not the vulval cleft, not the pudendal
cleft of the labia majora, will only constitute Attempted rape and not Consummated Rape

Question 9

When is there arson

Answer 9

By the definition of arson, it is the malicious destruction of property by means of fire. The law does not require that the entire property, building, dwelling, be damaged by means of fire. The law does not require that the entire house be gutted down by fire. It suffices that the said house or building is damaged by means of fire. The
offender has already performed all the acts of execution, therefore, it is already in the consummated stage. Hence, by reason of its definition, there is no frustration in the crime of arson.

Question 10

What are formal crimes

Answer 10

Crimes which are punished only in the consummated stage. Examples are False Testimony, Physical Injuries,
and Adultery. They do not admit attempted and frustrated stages because they are punished based on result or
consequence.
In case of physical injuries, it is punished based on whether the physical injuries are serious, less serious, or slight.

Question 11

When is conspiracy and proposal to commit a felony punishable

Answer 11

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.