Stages of execution

Question 1

Article 6 of the Revised Penal Code

Answer 1

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 by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other than his own spontaneous desistance.

Question 2

Elements for attempted felony

Answer 2

1. ) Offender commences with the commission of the felony directly by overt acts
2. ) He does not perform all 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

Question 3

“Overt acts”

Answer 3

1. ) External acts

2. ) Direct connection with the crime intended to be committed

Question 4

Directly

Answer 4

Personally takes part in the commission

Question 5

What is an indeterminate offense?

Answer 5

One where the purpose of the offender when performing the act is not certain. Its nature in relation to its objective is ambiguous.

Question 6

What if the attempt was stopped because of the offender’s own desistance?

Answer 6

There is no felony, he is not a criminal. This is a reward from the law to those who, having one foot on the verge of crime, heed the call of their conscience and return to the path righteousness.

Question 7

Subjective phase

Answer 7

Portion of acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts.

Question 8

Objective phase

Answer 8

Starts after the last act of execution has been committed.

Question 9

Requisites of frustrated felony

Answer 9

1. ) Offender performs all acts of execution
2. ) All the acts performed would produce the felony as a consequence
3. ) Felony is not produced by reason of causes independent of the will of the perpetrator
4. ) Offense does not constitute another felony/ separate violation of the RPC

Question 10

In murder, homicide and parricide, the last act of execution is ______.

Answer 10

The infliction of a mortal wound

Question 11

Consummated felony

Answer 11

All elements for the execution and accomplishment of the felony are present.

Question 12

What if one of the elements of a felony is absent?

Answer 12

1. ) No consummation
2. ) No felony has been committed
3. ) Another felony has been committed

Question 13

Formal crimes

Answer 13

Consummated in one instant, no attempt.

Question 14

Kinds of crimes:

Answer 14

1. ) Formal crimes
2. ) Crimes consummated by mere attempt or proposal or by overt act
3. ) Felony by omission
4. ) Crimes requiring the intervention of two persons to commit them are consummated by mere agreement
5. ) Material crimes

Question 15

Material crimes

Answer 15

Include the three stages of execution