STAGES OF EXECUTION

Question 1

mere ideas in the mind of a person, not punishable even if, had they been carried out, they would constitute a crime

Answer 1

Internal Acts

Question 2

include (a) preparatory acts and (b) acts of execution

Answer 2

External Acts

Question 3

those that do not have a direct connection with the crime which the offender intends to commit

Answer 3

Preparatory acts–

Question 4

These are ordinarily not punishable except when expressly provided for or when they are considered in themselves as independent crimes

Answer 4

Preparatory acts–

Question 5

Stages of felony - those punishable under the Revised Penal Code

Answer 5

Acts of execution–

Question 6

Classifications of felonies according to the stage of execution

Answer 6

Consummated; Frustrated; Attempted

Question 7

Phases of felony

Answer 7

Subjective phase and Objective phase

Question 8

that portion of execution of the crime starting from the point where the offender begins up to that point where he still has control over his acts. If the subjective phase has not yet passed, the felony would be a mere attempt. If it already passed, but the felony is not produced, as a rule, it is frustrated.

Answer 8

Subjective phase

Question 9

If it reaches the point where he has no more control over his acts the subjective phase has

Answer 9

passed.

Question 10

Phase: results of the acts of execution, that is, the accomplishment of the crime.

Answer 10

Objective phase

Question 11

If the subjective and objective phases are present, then is the felony is

Answer 11

consummated

Question 12

A felony is ? when all the acts necessary for its accomplishment and execution are present.

Answer 12

consummated

Question 13

A felony is ? when the offender performs all the acts of execution which would produce the felony as a result, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator

Answer 13

frustrated

Question 14

X stabbed Y in the abdomen, penetrating the liver and chest of Y. Y was rushed to the hospital and was given immediate medical treatment. Is X liable for consummated homicide?

Answer 14

NO, because the prompt medical treatment received by the offended party saved his life

Question 15

A, a doctor, conceived the idea of killing his wife B, and to carry out his plan, he mixed arsenic with the soup of B. Soon after taking the poisonous food, A suddenly had a change of heart and washed out the stomach of B. A also gave B an antidote. Is A liable for frustrated parricide?

Answer 15

NO, the cause which prevented the consummation of the crime was not independent of the will of the perpetrator. It cannot be considered attempted parricide, because A already performed all acts of execution. A can only be liable for physical injuries.

Question 16

What are the Crimes which do not admit of a frustrated stage

Answer 16

Rape; Corruption of public officers; Physical injury; Adultery;Theft–

Question 17

the gravamen of the offense is carnal knowledge, hence, the slightest penetration to the female organ consummates the felony.

Answer 17

Rape

Question 18

mere offer consummates the crime.

Answer 18

Corruption of public officers

Question 19

consummated at the instance the injuries are inflicted.

Answer 19

Physical injury

Question 20

the essence of the crime is sexual congress.

Answer 20

Adultery

Question 21

the essence of the crime is the taking of property belonging to another. Once the thing has been taken, or in the possession of another, the crime is consummated. what crime is this?

Answer 21

Theft

Question 22

Theft; Once the thing has been taken, or in the possession of another, the crime is at what stage?

Answer 22

consummated.

Question 23

There is an ? 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 or accident other than his own spontaneous desistance

Answer 23

attempt

Question 24

There is an ? when the offender commences the commission of a felony directly by ?, and does not ?? the acts of execution which should produce the felony, by reason of some ?? other than his own ?

Answer 24

attempt; overt acts; perform all ;cause or accident ; spontaneous desistance

Question 25

The word directly, emphasizes the requirement that the attempted felony is that which is directly linked to the ?? performed by the offender not the felony he has in his mind.

Answer 25

The word directly, emphasizes the requirement that the attempted felony is that which is directly linked to the overt act performed by the offender not the felony he has in his mind.

Question 26

are some physical activity or deed, indicating the 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

Answer 26

Overt acts

Question 27

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

Answer 27

Indeterminate offense

Question 28

A person enters the dwelling of another. However, at the very moment of his entry and before he could do anything, he is already apprehended by the household members, can he be charged with attempted robbery?

Answer 28

NO. The act of entering alone is not yet indicative of robbery although he may have planned to do so. Instead, he may be held liable for trespassing.

Question 29

Criteria involved in determining the stage (whether it be in attempted, frustrated or consummated stage) of the commission of a felony

Answer 29

manner; elements; nature

Question 30

If the offender has not yet performed all the acts of execution but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance, then it is

Answer 30

then it is an attempted felony.

Question 31

if the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized, then the crime is already in the

Answer 31

frustrated stage.

Question 32

Instances wherein the stages of a crime will not apply?

Answer 32

Offenses punishable by Special Penal Laws, unless otherwise provided for; Formal crimes; Impossible crimes; Crimes consummated by mere attempt(e.g. attempt to flee to an enemy country); Felonies by omission; and Crimes committed by mere agreement (e.g. betting in sports, corruption of public officers).

Question 33

Offenses punishable by Special Penal Laws, unless otherwise provided for; stages of a crime will apply?

Answer 33

Will not apply

Question 34

Formal crimes; stages of a crime will apply?

Answer 34

Will not apply

Question 35

Impossible crimes; stages of a crime will apply?

Answer 35

Will not apply

Question 36

Crimes consummated by mere attempt; stages of a crime will apply?

Answer 36

Will not apply

Question 37

Felonies by omission; stages of a crime will apply?

Answer 37

Will not apply

Question 38

Crimes committed by mere agreement (e.g. betting in sports, corruption of public officers); stages of a crime will apply?

Answer 38

Will not apply

Question 39

Crimes which are consummated in one instance and thus do not admit of stages e.g. physical injuries, false testimony, oral defamation.

Answer 39

Formal crimes

Question 40

It is a single crime, consisting of a series of acts but arising from one criminal resolution.

Answer 40

Continuing crime

Question 41

Here, the offender is impelled by a single criminal impulse but committed a series of acts at about the same time in about the same place and all the overt acts violate one and the same provision law. e.g. theft of 13 cows belonging to different owners committed by the accused at the same place and at the same time.

Answer 41

Continued crime

Question 42

exists when two or more crimes are committed but they constitute only one crime in the eyes of the law. Here, there is only one criminal intent; hence, only one penalty is imposed.

Answer 42

Complex crime

Question 43

? penalty is imposed for complex crimes because there is ?? criminal act, thus, there should ?? information charging a complex crime.

Answer 43

Only one; only one; only one

Question 44

one in which the substance is made up of more than one crime, but which, in the eyes of the law, is only a single indivisible offense.

Answer 44

Special complex crime or composite crime

Question 45

Examples of special complex crimes

Answer 45

``` Qualified piracy, when piracy is accompanied by murder, homicide, physical injuries or rape; Rape with homicide; Kidnapping with rape; Kidnapping with homicide; Kidnapping with physical injuries; Robbery with homicide; Robbery with rape; Robbery with physical injuries; and Robbery with arson. ```

Question 46

Kidnapping; complex crime?

Answer 46

No complex crime

Question 47

Search warrants maliciously obtained (Art. 129, RPC) in relation to perjury; complex crime?

Answer 47

No complex crime

Question 48

Kidnapping with rape; complex crime?

Answer 48

yes

Question 49

Occupation of real property or usurpation of real rights in property; complex crime?

Answer 49

No complex crime

Question 50

Robbery with homicide; complex crime?

Answer 50

Yes

Question 51

When one offense is committed to conceal the other; complex crime?

Answer 51

No complex crime

Question 52

When one crime is an element of the other, for in that case, the former shall be absorbed by the latter. e.g. trespassing which is an element of the robbery with force upon things; complex crime?

Answer 52

No complex crime

Question 53

Robbery with physical injuries; complex crime?

Answer 53

Yes

Question 54

When the crime has the same elements as the other crime committed; complex crime?

Answer 54

No complex crime

Question 55

Estafa and falsification of private documents; complex crime?

Answer 55

No complex crime

Question 56

When one of the offenses is penalized by a special law; complex crime?

Answer 56

No complex crime

Question 57

He was charged of two offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property. Can Ivler be convicted with the two offenses?

Answer 57

NO. Reckless imprudence is a single crime, its consequences on persons and property are material only to determine the penalty. Reckless imprudence under Art. 365 is a single quasi-offense by itself and not merely a means of committing other crimes such that conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi-offense, regardless of its various resulting acts

Question 58

When a complex crime is committed, the penalty for the ? shall be imposed?

Answer 58

most serious crime in its maximum period shall be imposed.