II. A. FELONIES

Question 1

What are crimes?

Answer 1

Crimes are acts or omissions punishable by law.

If crimes are punishable under the RPC they are called felonies; if they are punishable under special laws, they are called offenses.

Question 2

What is the term to refer to a crime that is intentionally committed?

Answer 2

Intentional crimes

Question 3

What is the term used to refer to a crime that is committed through recklessness or negligence?

Answer 3

Culpable crimes

Question 4

What are the two classifications of intentional crimes?

Answer 4

Malum in se or malum prohibitum

Question 5

How are felonies committed?

Answer 5

Felonies are committed not only by means of deceit or dolo but also by means of culpa. (Art. 3 RPC)

Question 6

When is there deceit?

Answer 6

There is deceit (malice) when the act is performed with deliberate intent, and there is a fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. [Art. 3 RPC]

Question 7

How shall criminal liability be incurred?

Answer 7

RPC Art. 4. Criminal liability shall be incurred:

1. By any person committing a felony (delito) 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.

Question 8

Explain the 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?

Answer 8

Article 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. - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

Question 9

What are the three stages of a crime?

Answer 9

Article 6. 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 10

When are crimes considered consummated?

Answer 10

Article 6. Consummated, frustrated, and attempted felonies. - […]

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

Question 11

When is a crime frustrated?

Answer 11

Article 6. Consummated, frustrated, and attempted felonies. - […]
A felony 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.

Question 12

When is a crime merely attempted?

Answer 12

Article 6. Consummated, frustrated, and attempted felonies. - […]
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 13

When are light felonies punishable?

Answer 13

Article 7. 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 14

When are conspiracy and proposal to commit felony punishable?

Answer 14

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 15

Define conspiracy

Answer 15

Article 8. Conspiracy and proposal to commit felony. - […]

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

Question 16

Define proposal to commit felony

Answer 16

Article 8. Conspiracy and proposal to commit felony. - […]

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

Question 17

What are grave felonies?

Answer 17

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 Article 25 of this Code.

Question 18

What are less grave felonies?

Answer 18

Article 9. Grave felonies, less grave felonies and light felonies. - […] Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article

Question 19

What are light felonies?

Answer 19

Article 9. Grave felonies, less grave felonies and light felonies. -
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or both is provided.

(as amended by Republic Act No. 10951, [August 29, 2017])

Question 20

What is the role of the Revised Penal Code for offenses not punished under it?

Answer 20

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 21

What are the elements of felonies

Answer 21

The elements of felonies in general are:
1. That there must be an act or omission;
2. That the act or omission must be punishable by the RPC
3. That the act performed or the omission is incurred by means of dolo or culpa

Question 22

Define felonies

Answer 22

Article 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Question 23

What are the two elements of an intentional felony?

Answer 23

The two elements of an intentional felony are (1) criminal act, and (2) criminal intent

Question 24

How does one identify a criminal act?

Answer 24

Actus reus or criminal act msut be committed to consummate a felony. To identify the criminal act, one must consider the “verb” in the provision defining a felony.

Question 25

What is actus reus?

Answer 25

Actus Reus / Physical Act
- To be considered as a felony, there must be an
act or omission;
- An act refers to any kind of body movement
that produces change in the outside world.
- A mere imagination, no matter how wrong, does not amount to a felony.

ACT — must be overt or external (mere criminal
thought or intent is not punishable).

OMISSION — failure to perform a duty required by law, ie. failure to render assistance, failure to issue receipt, non-disclosure of knowledge of conspiracy against the government.

Question 26

Explain mode of commission vs. criminal act

Answer 26

Criminal act is different from mode of commission. Criminal act is necessary to consummate the crime. Mode of commission is the manner in which the criminal act is performed – e.g. robbery: criminal act: taking of personal property; mode of commission: violence+intimidation.

Without the criminal act, there is no consummated crime.

Question 27

What are the two classifications of criminal intent?

Answer 27

Specific criminal intent - either express or implied; e.g. intent to gain; intent to kill; etc.
General criminal intent - dolo or malice (required for intentional felonies)

Question 28

Express criminal intent vs. implied criminal intent

Answer 28

Express criminal intent is expressly stated in Book II of the RPC. E.g. “intent to gain” is expressly stated in Article 308.

Implid crmina intent is not expressly stated but can be inferred from the criminal acts described in Book II. E.g. Art. 249 does not expressly state the specific criminal intetn for homicide. But since killing is the actus reus for homicide, intent to kill shall be considered its specific criminal intent.

Question 29

Differentiate principal criminal intent from secondary criminal intent

Answer 29

Specific criminal intent is sometimes composed of principal and secondary intent.

Principal intent - indispensable element of the crime itself (murder - killing the victim)

Secondary intent - essential requisite of the circumstance that qualifies the crime (murder - cruelty as qualifying circumstance; intent to prolong the suffering)

Question 30

Explain the concept of mens rea

Answer 30

The mens rea required to commit a felony is a combination of evil intent and specific criminal intent.

E.g. to be held liable for homicide, the killing must be accompanied by evil intent to kill.

E.g2. Ah Chong case - there is no evil intent hence even if specific intent to kill was there, there is no general evil intent which constitutes a felony

Question 31

What are the requirements to consummate a crime?

Answer 31

To consummate the crime, what is essential is the commission of hte criminal act (using the required mode) with the general and specific criminal intent.

The commission of hte intended act or the accomplishment of the criminal objective may nto be necessary to consummate the crime.

E.g. actual gain is not required to consummate theft

Question 32

What are the essential differences between a crime under special law and a felony?

Answer 32

The essential differences between a crime under a special law and a felony are as follows: (1) In addition to hte specific elements of a felony, this crime msut be committed by means of dolo, which is its general element.

In crimes under a special law, dolo or malice is not an element unless it expressly says so, such as planting of evidence.

(2) The provisions in Book I of the RPC apply to felonies defined in Book II and not to crimes under special laws (except when suppletorily or when specified)

Question 33

Misdemeanor v. Crime

Answer 33

MISDEMEANOR

A misdemeanor is a minor infraction of the law, such as a violation of an ordinance.

CRIME

Whether the wrongdoing is punished under the RPC or under a special law, the generic word “crime” can be used.

Question 34

Voluntariness as a requirement in intentional felonies, culpable felonies, and malum prohibitum felonies punished under special law

Answer 34

Whether the crime is committed by means of dolo or culpa, or classified as malum in se or malum prohibitum, voluntariness (freedom and intelligence) are indispensable.

Question 35

When is there deceit or dolo?

Answer 35

There is dolo when the act is performed with deliberate intent.

Requisites of dolo:
1. Freedom - that the act or omission was voluntary and without external compulsion;
2. Intelligence - knowledge needed to determine the morality and consequence of an act. The imbecile, insane and minors have no criminal liability.
3. Intent - intent to commit the act with malice, being purely a mental process, is presumed and the presumption arises from the proof of the commission of the unlawful act (Reyes, pp. 38-39)

Question 36

Actus non facit reum, nisi mens sit rea

Answer 36

The act itself does not make a man guilty unless his intentions were so

A crime is not committed if hte mind of hte person performing the act complained of is innocent

Question 37

What is culpa?

Answer 37

There is culpa when the wrongful act results from imprudence, ngeligence, lack of foresight, or lack of skill AND there is no malice.

There is culpa whe nthe injury caused to another is unintentional. It is simply the incident of an act performed without malice.

Requisites of culpa:
1. Freedom;
2. Intelligence; and
3. Imprudence, negligence or lack of foresight and lack of skill.

Question 38

Define reckless imprudence and simple imprudence

Answer 38

Article 365, par. 7
Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence physical condition and other circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be the cause is not immediate nor the danger clearly manifest.

Question 39

Difference between imprudence and negligence

Answer 39

Imprudence — lack of precaution to avoid
injury, usually involves lack of skill. Imprudence indicates deficiency in action. THere is imprudence if a person fails to take the necessary precautions to avoid injury to a perosn or damage to property.

Negligence — failure to foresee impending danger, usually involves lack of foresight. Negligence indicates deficiency of perception. There is negligence if a person fails to pay proper attention and to use due diligence in foreseeing hte injury or damage impending to be caused.

Question 40

Is dolo an essential element for malum prohibitum and culpable crimes?

Answer 40

No, dolo is not an essential element of malum prohibitum and culpable crimes. It is an essential element only in malum in se crimes.

Question 41

What makes up the criminal mind?

Answer 41

In an intentional felony, the concurrence of freedom, intelligence, and intnent makes up the “criminal mind” behind the “criminal act.”

Thus, to consitute a crime, the act must, generally and in most cases, be accompanied by criminal intent. Actus non facti reum, nisi mens sit rea. No crime is committed if the midn of the perosn performing the act complained of is innocent.

Question 42

When is good faith a defense?

Question 43

What intent is presumed in a crime?

Answer 43

The general intent (malice/dolo) is presumed from the criminal act. Thus, the accused must prove the absence of this general intent. In Ah Chong, the accused was able to rebut the presumption of general criminal intent or malice.

Question 44

Is specific intent presumed?

Answer 44

Generally, no; specific intent is not presumed. The State msut prove its existence just as any other essential element. However, this may be shown by the nature of hte act, the circumstances under which it was committed, the means employed, and the accused’s motive.

However, specific intents in some crimes are presumed to be present. If a person died due to violence, intent to kill, which is an element of homicide, is conclusively presumed. Intent to gain, ana element of theft, is presumed from taking property withotu the owner’s consent.

Question 45

What is mistake of fact?

Answer 45

Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally liable, because he did not act with criminal intent.

The requisites for mistake of fact (to negate dolo) are:
1. That the act down would have been lawful had the fact been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful;
3. That the mistake must be without fault or carelessness on the part of the accused.

A proper invocatoin of this defense requires (a) that the mistake be honest and reasonable; (b) that it be a matter of fact; and (c) that it negate the culpability required to commit the crime or the existence of the mental state which the statute prescribes with respect to an element of the offense [Yapyuco v. Sandiganbayan].

Question 46

What are the possible legal effects of a mistake of fact?

Answer 46

A mistake of fact may negate the specific element of a crime, or dolo, or may be a source of a mitigating circumstance.

Question 47

How can mistake of fact negate a specific element?

Answer 47

When the specific intent is an element of the crime and the mistake of fact negates the existence of the specific intent

Question 48

Mistake of fact vs. mistake of law

Answer 48

While an honest mistake of fact could be used to excuse a person from the legal consequences of his act as it negates malice or evil motive, am istake of law cannot be utilized as a lawful justification, because everyone is presumed to know the law and its consequences.

Ignorantia facti excusat; Ignorantia legis neminem excusat. [In Re: Medado]

Question 49

Discuss the rule on motive

Answer 49

Proof of motive will not establish any elkement of the crime, but it will help the prosecution prove that the accused committed the crime. In a criminal case, the prosecution must prove the elements of a crime and the offender’s identity. The culprint’s identity, which is an essential requisite to convict him, is usually established through the testimony of the witness, who would positively point at him as the criminal. However, if there is doubt about the culprit’s identity, showing the motive of the accused of committing the crime will help establish his direct link to the commission thereof.

The lack or absence of motive for committing a crime does not preclude conviction where there are reliable witnesses who fully and satisfactorily identified the accused as the perpetrator of the felony.

Question 50

Distinguish: motive, criminal intent

Answer 50

Motive and criminal inten are distinguished as follows:
(1) Motive is the moving power that impels a person to do an act for a definite result; the intent is the purpose for using a particular means to bring about the desired result ;
(2) Motive is not an essential element of a crime; hence, it need not be proven for purposes of conviction. Motive is essential only when there is doubt about the culprit’s identity or when the evidence is circumstantial or inconclusive.

Criminal intent renders an act a felony. It is the general element of all intentional felonies.

Question 51

When is proof of motive required?

Answer 51

Proof of motive becomes crucial:
1. Where there is doubt as to the identity of culprit;
2. Where the evidence is circumstantial or inconclusive, and there is some doubt on whether a crime has been committed or whether the accused has committed it;
3. Where the act committed gives rise to variatn crimes, and there is the need to determine the proper crime to be attributed to the offender;
4. Where it forms an essential element of the offense such as in cases of libel or slander or malicious mischief

Question 52

When is proof of motive not required?

Answer 52

Proof of Motive is not required:
1. Where the accused has been positively identified as the assailant;
2. Where the participation of hte accused is shown
3. Where the criminal act did not give rise to variant crimes;

Question 53

Does lack of motive indicate innocence?

Answer 53

No, the lack of motive does not prove innocence. A person may still be convicted of a crime even if motive is not proven, so long as the accused’s participation is shown. Motive is unknown because it is found ine one’s conscience, which is not accessible to human observation. Moreover, extreme moral perversion may lead a man to commit a crime without a real motive but just for the sake of committing it.

Question 54

Are light felonies punishable?

Answer 54

Only when they have been consummated.

Article 7. 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 55

What is the rationale behind Article 4 of the RPC?

Answer 55

He who is the cause of the cause is the cause of the evil caused. (El que es causa de la cause es causa del mal causado)

One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or inteded or not.

Article 4(1) is only applicable to intentional felonies. One who does not commit a (intentional) felony is not criminally liable for the result which is not intended.

Question 56

What is aberratio ictus?

Answer 56

Abberatio ictus means mistake in the blow. In abberattio ictus, a person is criminally responsible for committing an intentional felony althoug the actual victim is different from the intended victim due to a mistake in the blow.

Recall 4-12-365 Rule in Campanilla, p. 65 and 66.

Question 57

What is error in personae?

Answer 57

Error in personae means a mistake in the identity of the victim. In error in personae, a person is criminally responsible fro committing an intentional felony although the actual victim is different from the intended victim due to a mistake in identity.

Question 58

Difference between mistake of fact and error in personae

Answer 58

In the mistake of fact, the mistake pertains to the elements of justifying circumstance, exempting circumstnace, or absolutory cause such as the existence of unlawful aggression. In contrast, in error in eprsoneae, the mistake merely pertains to the victim’s identity.

In the mistake of fact, the accused committed the act without dolo; hence, he is not criminally liable. Because of such a mistake, the justifying circumstances, exempting cirucmsatnce, or absolutory cause shall be considered in his favor. In error in personae, the accused acted with dolo; hence, he shall incur criminal liability for killing or injuring a person, although the latter is different from the intended victim.

Question 59

What is praeter intentionem?

Answer 59

Praeter intentionem meas unintentional. In praerter intentionem, a person shall incur criminal liability for committing an intentional felony, although its wrongful consequences is graver than that intenteded.

Question 60

Differentiate error in personae from abberatio ictus

Answer 60

In aberratio ictus and error in personae, the victim who is killed or injured by the accused, is different from the intended victim. In abberatio ictus, the unintended victim was hit due to a mistake in the blow, while in error in personae, the unintended victim was hit due to mistaken identity.

There is only one victim in error in personae, while in aberratio ictus, there are at least two victims. THe imposition of penalty in error in personae is generally subject to Article 49 of the RPC, while in aberratio ictus is subject to Article 48.

Question 61

Define proximate cause

Answer 61

Proximate cause is defined as “that cause, which is a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and withotu which the result would not have occurred.”

The proximate cause rule applies whether the felony is intentional or culpable. However, the basis for applying hte proximate cause rule to an intentional felony is Article 4(1) of the RPC. For culpable felonies, the basis is Article 365.

Question 62

What is an efficient intervening cause?

Answer 62

An efficient intervening cause is an active force which is either a distict act or fact absolutely foreignf rom the felonious act of the offender which breaks the direct relation between the intentional felony and death (or injury).

NOTE: the dealy in giving medical treatment, failure to receive proper medical attendance, or refusal to undergo treatment for his injuries does not break at all the causal connection between the wrongful infliction of injuries by the accused and the death of the victim. It does not constitute an efficient intervening cause because it is not absolutely foreign from the infliction of injuries. The proximate cause of the death of the victim is still the infliction of injuries.

BUT in Urbano v IAC, the death of the victim due to a tetanus infection which occured several days after the accused inflicted injuries upon him (and the doctor did not find tetanus at the time of treatment, which was immediately after infliction of the injury.

Question 63

What is an efficient cause?

Answer 63

The efficient cause is the working cause; the cause that produces the death of the victim.

E.g. The husband quarreled with his wife because he wanted to restrain her from giving a bath to their child, who had a cold. In the course of the quarrel, he punched her in the abdomen. Thereafter, the victim died. It was found that the spleen of hte victim had been enlarged due to acute and chronic malaria and that her death was caused by the rupture of the spleen as a consequence of punching. The accused was convicted of parricide.

Question 64

What is an impossible crime?

Answer 64

An impossible crime is an act that would have been an offense against a person or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The offender shall incur criminal liability for committing an impossible crime because of his criminal tendency or intention.

Question 65

What are the requisites to hold an accused liable for an impossible crime?

Answer 65

The requisites of an impossible crime are:
1. offender performed an act which would have been an offense against a person or property;
2. offender performed an act with evil intent;
3. offender did not commit the offense because of the impossibility of its accomplshment or employment of inadequate or ineffectual means; and
4. offender in performing an act is not violating another provision of the law [4th requisite by Luis B. Reyes]

Question 66

Differentiate impossible crime from attempted or frustrated felony

Answer 66

The difference between an impossible crime and attempted or frustrated felony lies in the external cause that prevents the consummation of hte crime.

For impossible crime, the external cause is the impossibility of accomplishing the crime or the employment of ineffectual or inadequate means.

For attempted felonies, the external cause for the non-performance of all the acts of execution is some cause or accident other than his spontaneous desistance. In this case, it is possible to commit the crime but the offender fails to perform all acts of execution due to some cause or accident other than his spontaneous desistance.

For frustrated felonies, the external cause for the non-production of the crime despite performance of all acts of execution is a cause independent of the will the offender. In this case, it is (or was) possible to commit the the crime, and the offender had actually performed all acts of execution, but the crime was not produced due to cause independent of his will.

Question 67

Can there be a frustrated impossible crime?

Answer 67

No, there is no frustrated impossible crime. Article 4 of the RPC on impossible crime and Art 6 on frustrated felony cannot be applied together since their concepts are different and distinct from each other.

In an impossible crime, it is impossible to commit the crime, and thus, the offender cannot perform all acts of execution. For failure to perform all acts of execution, a frustrated felony is not committed.

In a frustrated felony, it is possible to commit the crime; in fact, the offender already performs all acts of execution. Since it is possible to commit a crime, an impossible crime is not committed. In sum, impossible crime and frustrated felony are mutually exclusive.

Question 68

What are the stages of execution of a felony?

Answer 68

There are three stages of a felony under Article 6: attempted stage; frustrated stage; and consummated stage.

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 69

Discuss: subjective and objective phase

Answer 69

The subjective phase and objective phase of a crime determines whether the crime is attempted or frustrated.

By subjective phase is meant that portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with the prior acts, should result in the consummated crime. From that time forward, the phase is objective.

It may also be said to be that period occupied by the acts of the offender over which he has control — that period between the point where he begins and the point where he voluntarily desists.

If between these two points the offender is stopped by reason of any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated.”||| (People v. Medios, G.R. Nos. 132066-67, [November 29, 2001])

Question 70

Preparatory acts and Overt acts

Answer 70

As a general rule, preparatory acts are not punishable because the intent of a person committing a preparatory act remains equivocal or unclear. One performing a prepratory act is is not guilty of an attempt to commit a felony.

E.g. preparatory acts such as buying poison, conspiring, and goin to the place where the crime agreed upon will be committed are not constitutive of attempted felony because the intent to kill is not clear.

However, preparatory acts are punishable if the law prescribes a penalty for its commission such as proposal or conspiracy to commit rebellion, or possession of picklock. If the preparatory acts themselves constitute a felony, committing them is a consummated crime.

On the other hand, an overt act is defined as “some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried ot its complete termination following its natural course, without being frustratd by external obstacles nor by voluntary desistance of the perpertrator will logically and necessarily ripen into a concrete offense.

NOTE: For overt acts to constitute an attempted offense, it is necessary taht their objective be known and establish or such taht acts be of such nature that they themselves should obviously disclose the criminal objective necessarily intended, said objective and finality to serve as ground for designation of the offense.

Question 71

What is an indeterminate offense?

Answer 71

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

These are acts susceptible of double interpretation. IN case of acts susceptible of double interpretation, that is, in favor as well as against the accused, and which show an innocent as well as a punishable act, must not and cannot furnish grounds buy themselves for attempted crime.

Question 72

What are the the stages in the development of a crime?

Answer 72

In the development of a crime, there are two stage: (1) internact acts; and (2) external acts.

Internal acts, such as mere ideas in the mind of a person are not punishable.

External acts cover (a) preparatory acts, and (b) acts of execution.

Preparatory acts are not punishable unless the law expressly provides so. Acts of execution are punishable under the RPC if they constitute overt acts to execute the crime. However, take note that there are indeterminate offenses, where the overt act of the perpetrator is not yet determinable.

Question 73

What is the attempted stage?

Answer 73

RPC Art. 6. 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.

The elements of an attempt are:
1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of executions 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 sontaneous desistance

NOTE: Desistance should be made before all the acts of execution are performed. The desistance whicch 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.

Question 74

Define an overt act

Answer 74

An overt act is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or prpearation, which if carried to its complete termination following its natural course, wihtout being frustrated by external obstacles, nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

Question 75

When is a crime at its frustrated stage?

Answer 75

A felony 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. [RPC Art 6]

Elements of frustrated felony:
1. The offender erforms all the acts of execution (nothing more is left to be done);
2. All the acts performed would produce the felony as a consequence;
3. But the felony is not produced
4. By reason of causes independent of the will of the perpetrator

Question 76

Distinguish furstrated felony from attempted felony

Answer 76

1. As to acts of execution - In an attempted felony, the offender performed directly an overt act, which is an act of execution, but it s not enough to produce the felony as a consequence. (e.g. accused inflicted non-mortal wound on victim but failed to proceed with inflicting mortal wound which would consummate the crime); In a frustrated felony, the offender performed all the acts of execution that would produce the felony as a matter of consequence (e.g accused inflicted a mortal wound on victim but victim survived nonetheless);

To determine whether the felony is at the attempted or frustrated stage, the acts of execution of the felony, that the accused intended to commit, must be identified;

Acts of execution in attempted or frustrated felony presuppose that the specific criminal intent required to commit it must be present. In sum, the external acts performed by the offender and the intended felony must have a direct connection.

2. Non-commission of the crime - In an attempted felony, the offender fails to perform all the acts of execution; thus his external acts would “not produce” the felony as a consequence. ON the other hand, in a frustrated felony, the offender performs all the acts of execution; thus his external acts would produce the felony as the consequence, but just the same, the crime is not produced.
3. External case of non-commission of offense - IN an attempted felony and frustrated felony, the offender failed to accomplish his criminal objective because of external causes; if the causes are not external, the accused will not be held liable for an attempted or frustrated felony (nor consummated felony of the felony he intended to commit; may be liable for another crime).

In an atttempted felony, if the cause of the failure to perform all acts of execution is the spontaneous desistance of hte accused, that is a defense;

In a frustrated felony, if the failure to produce the crime despite the performance of all acts of execution is not independent of the will of the accused, that is a defense.

Question 77

Distinguish attemptd or frustrated felony from impossible crime

Answer 77

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 canot 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 78

When is a crime considered consummated?

Answer 78

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

Every crime has its own elements which must all be present to constitute a culpable violation of the law

(note the criminal objective must be fulfilled, criminal objective in the sense that the victim is killed to constitute homicide and murder –> but objective of being able to appropriate money for himself is not necessary for consummated theft –> may be argued that the objective is really to take the property so you can gain; gain or being able to appropriate for oneself is incidental to taking)

Question 79

Manner of committing crime for formal crimes, crimes of attempt, felony by omission, crimes by intervention of two persons, material crimes.

Answer 79

1. Formal crimes - consummated in one instant, no attempt (e.g. slander, false tersimony)
2. Crimes consummated by mere attempt or proposal or by overt acts (e.g. flight to enemy’s country, corruption of minors)
3. Felony by omission - no attempted stage because the offender does not need to execute overt acts in these kinds of crimes (but killing a child by starving him, although apparently by omission, is in fact by commission)
4. Crimes requiring the intervention of two person to commit them are consummated by mere agreement
5. Material crimes - there are three stages of execution (or two, like rape where there is no frustrated rape but there is attempted and consummated)

Question 80

Can there be an attempted or frustrated impossible crime?

Answer 80

No because in impossible crimes, 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 menas employed by such person are essentially inadequate or ineffectual to produce the result desired by him (see Art 59 RPC)

Thus, since the offender in impossible crime has already performed the acts for the execution of hte same, there could be no attempted impossible crime. In attempted felony, the offender has not performed all the acts of execution which would produce the felony as a consequence.

There is no furstrated impossible crime, because the acts performed by the offender are considered as constituting a consummated offense (but not consummated by reasons outside his will)

Question 81

Explain spontaneous desistance

Answer 81

Spontaneous desistance - in the attempted stage, the offender has not yet performed all the acts of execution. Hence, to be absolved from criminal liability, he must spontaneously desist from perform all acts of execution.

NOTE: The term spontaneous is not equivalent to voluntary. Even if the desistance is voluntary, the same could not exempt the offender from liability for an attempted felony if there is an external constraint. The term “spontaneous” means proceeding from natural feeling or native tendency wihtout external constraint; it is synonymous with impuslive, automatic, and mechanical.

Spontaneous desistance is a defense in attempted felony BUT NOT IN FRSTRATED FELONY. If the crime reached the frustrated stage, the offender performed all acts of exeuction necessary to consummate the crime and must now dow something other than desisting to be absolved from criminal liability (this is not an absolutory cause).

Question 82

What is the duty of the courts in case of non-punishable act and excessive penalty?

Answer 82

In case of non-punishable act:
Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. [Art 5 RPC]

In case of excessive penalty:
In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. [Art 5 RPC]

Question 83

Suppletory Application of the RPC

Answer 83

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 84

What should the court do in case it finds acts which it thinks should be repressed but re not covered by law

Answer 84

The 1st paragraph of Article 5 which contemplates a trial of a criminal case requires the following:
1. The act committed by the accused appears not punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused;
4. The judge must then make a report to the Chief Executive, through the Secretary of Justice, stating the reasons which induce him to believ that the said act should be made the subject of penal legislation.

Question 85

What should the court do in case it finds excessive penalties imposed upon a crime

Answer 85

The second paragraph of Article 5 requires that:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive, because: (a) the accused acted with lesser degree of malice, and/or (2) there is no injury or the injury caused is of lesser gravity
3. The court should not suspend the eecution of the sentence
4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending executive clemency.

Question 86

Is the duty of the courts in case of excessive penalties, or in case it finds acts which need to be repressed applicable to special laws as well?

Answer 86

Yes. In Mendoza v. People, although the accused was convicted under a special penal law, the COurt is not precluded from giving the RPC suppletory application in light of Article 10 of the same Code and the ruling in People v. Simon.

Question 87

How do we define special law for purposes of Article 10 RPC?

Answer 87

A special law is defined by jurisprudence (US v. Serapio) as a penal law which punishes acts not defined and penalized by the Penal Code.

Special law is a statute enacted by the Legislative branch, penal in character, which is not an amendment to the RPC. Special laws usually follow the form of American penal law.

Question 88

Can mitigating and aggravating circumstances under RPC apply to offenses punished by special laws?

Answer 88

GR: No. Penalties under the special law are different from RPC. Exception: Only if the special law expressly provides.

Question 89

Can the attempted and frustrated stage of a crime be appreciated in a special law?

Answer 89

GR: No. EXPN: The law expressly provides, or uses the terms “attempted” “frustrated”

Question 90

Can persons criminally liable under RPC (accomplice and accessories) be appreciated in a special law?

Answer 90

GR: NO XPN: Unless law expressly provides (uses the term accomplice and accessory and punishes them)

Question 91

What is the effect when the special law uses the terms used in RPC for prescribing penalties?

Answer 91

PRC penalty rules will apply. Hence, rules for graduating penalties also apply.

Question 92

What are some provisions of the RPC which have been considered by the Court as supplementary?

Answer 92

Some RPC provisions have been held supplementary
1. Article 22 - retroactive effect of penal laws if they favor the accused
2. Article 17 - participaton of principals in the commission of the crime
3. Article 39 - subsidiary imprisonment in case of failure to pay fine
4. Article 45 - confiscation of the instruments used in the commission of hte crime

Question 93

What is the effect if the special law is an amendment to the RPC?

Answer 93

RPC applies fully, not just supplementary (People v. Macatanda)