Impossible Crime Flashcards
Criminal Law 2018 Ia
Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s plan to kill Ricardo, but agreed to lend him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the house of Ricardo. Rafael waited for him there, until the task had been accomplished, so that he could drive Roberto to the next town to evade arrest. Roberto also asked another friend, Ruel, to stand guard outside Ricardo’s house, for the purpose of warning him in case there was any danger or possible witnesses, and to keep other persons away from the vicinity. All three - Roberto, Rafael and Ruel - agreed to the plan and their respective roles.
On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Ricardo’s house. Roberto and Ruel walked about 50 meters where Ruel took his post as guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo’s bedroom, and peppered it with bullets. When he thought that he had accomplished his plan, Roberto ran away, followed by Ruel, and together they rode in Rafael’s car where they drove to the next town to spend the night there. It turned out that Ricardo was out of town when the incident happened, and no one was in his room at the time it was peppered with bullets. Thus, no one was killed or injured during the incident.
(a) Was a crime committed? If yes, what is/are the crime/s committed?
Yes. In the case of Intod vs. Court of Appeals (GR 103119, October 21, 1992), the Supreme Court Ruled that when factual impossibility occurs because extraneous circumstances unknown to the actor were beyond his control, rendering the intended crime impossible of accomplishment, the offense committed is an impossible crime (Article 4, paragraph 2, RPC). The factual situation that made impossible the accomplishment of the crime intended when they peppered Ricardo’s room with bullets was the physical absence of the intended victim in the room.
