Attempted Felony Flashcards
1
Q
What are the elements of attempted felony?
A
The four (4) elements of an attempted felony are:
(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 owns spontaneous desistance; and
(4) The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.
(People v. Mingming, G.R. No. 174195, December 10, 2008)
