Articles 5-10

Question 1

What is Article 6 of the Revised Penal Code?

Answer 1

Consummated, frustrated, and 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 or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

Question 2

Define consummated felony

Answer 2

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

Question 3

Define frustrated felony

Answer 3

It is frustrated when the offender performs all the acts or 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

Question 4

Define attempted felony

Answer 4

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 or some cause or accident other than his own spontaneous desistance.

Question 5

What are the stages in the development of a crime

Answer 5

Internal acts and External Acts

Question 6

What are internal acts?

Answer 6

Internal acts, such as mere ideas in the mind of a person, are not punishable even if, had they been carried out, they would constitute a crime.

Intention and effect must concur.

Mere intention producing no effect is no more a crime than a mere effect without the intention of a crime.

Question 7

What does external acts cover?

Answer 7

Preparatory acts
Acts of execution

Question 8

What are preparatory acts? Are they punishable?

Answer 8

Ordinarily they are not punishable. Proposal and conspiracy to commit a felony, which are only preparatory acts, are not punishable, except when the law provides for their punishment in certain felonies.

Question 9

What are the three stages of acts of execution?

Answer 9

They are punishable under the Revised Penal Code.
The first stage is attempted, the second is frustrated, and the third is consummated.

Question 10

What are the elements of an attempted felony?

Answer 10

1. The offender commences the commission of the felony directly by overt acts
2. He does not perform all the acts of execution which should produce the felony
3. The offender’s act is not stopped by his own spontaneous desistance
4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance

Question 11

What is an overt act?

Answer 11

is some physical activity or deed, indicating this 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 the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

Question 12

What is an indeterminate offense?

Answer 12

It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous.

Question 13

What are the elements of a frustrated felony?

Answer 13

1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. But the felony is not produced;
4. By the reason of causes independent of the will of the perpetrator

Question 14

Distinguish attempted or frustrated felony from impossible crime

Answer 14

1. In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished.
2. But while in impossible crime, the evil intent of the offender cannot be accomplished, in attempted or frustrated felony the evil intent of the offender is possible of accomplishment.
3. In impossible crime, the evil intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inadequate or ineffectual; in attempted or frustrated felony, what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part.

Question 15

What are the manners in committing a crime?

Answer 15

1. Formal Crime - consummated in one instant, no attempt
2. Crimes consummated by mere attempt or proposal by overt act
3. Felony by omission - there can be no attempted stage when the felony is by omission, because in this kind of felony, the offender does not execute the acts.
4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement.
5. Material crimes - three stages of execution (attempted, frustrated, consummated)

Question 16

Is there such thing as an attempted or frustrated impossible crime?

Answer 16

No. In impossible crime, the person intending to commit an offense has already performed the acts for the execution of the same, but nevertheless the crime is not produced by reason of the fact that the act intended is by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate or ineffectual to produce the result desired by him.

Question 17

What is article 7 of the Revised Penal Code?

Answer 17

When light felonies are punishable. - Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

Question 18

What are light felonies?

Answer 18

Light felonies are those infractions of law for the commission of which penalty of arresto menor or a fine not exceeding PHP40,000.00, or both, is provided.

Question 19

Give five examples under light felonies

Answer 19

1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
6. Disobedience to an agent of a person in authority
7. Alarms and scandals
8. Concealing true names
9. Prostitution
10. Other forms of trespass
11. Other light threats
12. Light coercion
13. Destroying and damaging paintings
14. Slander by deed, not serious

Question 20

What is the reason why light felonies are only punishable when they have been consummated? (Except against person or property)

Answer 20

Such insignificant moral and material injuries that public conscience is satisfied with providing penalty for their consummation. If they are not consummated, the wrong done is so slight that there is no need of providing a penalty at all.

Question 21

Why is there an exception in light felonies towards person and property?

Answer 21

The commission of felonies against person or property presupposes in the offender moral depravity

Question 22

Give an example of a light felony against persons

Answer 22

Article 266 - Slight physical injuries and maltreatment

Question 23

Give examples of light felonies against property

Answer 23

1. Article 309, No. 7 - theft by hunting or fishing or gathering fruits, cereals or other forest or farm products upon an inclosed estate or field where trespass is forbidden and the value of the thing stolen does not exceed PHP500.
2. Article 309, No. 8 - theft, where the value of the stolen property does not exceed PHP500 and the offender was prompted by hunger, poverty, or the difficulty of earning a livelihood.
3. Article 313 - alteration of boundary marks
4. Article 328, No. 3; Article 329, No. 3 - malicious mischief where the damage is not more than PHP40,000.00 or if it cannot be estimated.

Question 24

What is Article 8 of the Revised Penal Code

Answer 24

Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Question 25

What is the general rule and exception in conspiracy and proposal to commit felony?

Answer 25

Conspiracy and proposal to commit felony are not punishable.

Exception: They are punishable only in the cases in which the law specifically provides a penalty therefor.

Question 26

What articles in the revised penal code specially provides a penalty for mere conspiracy?

Answer 26

1. Article 115 - conspiracy to commit treason shall be punished by prision mayor and a fine not exceeding PHP2,000,000.00
2. Article 136 - conspiracy to commit coup d’etat shall be punished by prision mayor in its minimum period and a fine which shall not exceed PHP1,000,000.00
3. Article 136 - conspiracy to commit rebellion or insurrection shall be punished by prision correccional in its maximum period and a fine which shall not exceed PHP1,000,000.00
4. Article 141 - conspiracy to commit sedition shall be punished by prision mayor in its medium period and a fine not exceeding PHP400,000.00

Question 27

What are the requisites of conspiracy?

Answer 27

1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a felony; and
3. That the execution of the felony be decided upon

Question 28

What articles in the revised penal code specially provides a penalty for mere proposal?

Answer 28

1. Article 115 - proposal to commit treaso shall be punished by prision correccional and a fine not exceeding PHP1,000,000.00
2. Article 136 - proposal to commit coup d’etat shall be punished by prision mayor in its minimum period and a fine which shall not exceed PHP1,000,000.00
3. Article 136 - proposal to commit rebellion and insurrection shall be punished by prision correccional in its medium period and a fine not exceeding PHP400,000

Question 29

What are the requisites of a proposal?

Answer 29

1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons

Question 30

There is no criminal proposal when -

Answer 30

1. The person who proposes is not determined to commit the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposal

Question 31

What is article 9 of the revised penal code?

Answer 31

Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art..

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 40,000 pesos or both; is provided.

Question 32

What are the penalties under grave felonies?

Answer 32

1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
5. Prision mayor

Question 33

What are the penalties under less grave felonies?

Answer 33

1. Prision correccional
2. Arresto mayor
3. Suspension
4. Destierro

Question 34

What is Article 10 of the Revised Penal Code?

Answer 34

Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

Question 35

5 Suppletory Application of the Revised Penal Code

Answer 35

1. Subsidiary Penalty
2. Civil Liability
3. Rules on Service of Sentence
4. Definition on Principals, Accomplices, and Accessories
5. Principle of Conspiracy