ARTICLE 4.

CRIMINAL LIABILITY
Art. 4. Criminal liability. 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.

Has no reference to to the manner criminal liability is incurred. The manner of incurring criminal liability is under Art. 3. of the RPC which states that performing or failing to do an act, when either is punished by law, by means of dolo (deceit; with malice) or culpa (fault; negligence or imprudence).

Art. 4 (1): One who commits an intentional felony is responsible for ALL the consequences, regardless of his intention. - el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil caused)

PARAGRAPH 1
1. Committing a felony o o o o felony is an act or omission punishable by the RPC An act not punishable by the RPC is not a felony different from that which he intended - felony committed by means of dolo (with malice) if wrongful act is a committed by means of culpa (negligence or imprudence), liability is determined under Art. 365 (defines and penalizes criminal negligence) o not punishable by special laws offender violating a special law may not have intent to do an injury to another. If a person does not commit a felony, he is not criminally liable for the result which he did not intended.

2. Although the wrongful act done be different from that which he intended. Causes which may produce a result different from what the offender intended: 1. Mistake in the identity of the victim

2. Mistake in the blow (when the offender intending to do an injury to one person actually inflicts it on another) 3. The act exceeds the intent (the injurious result is greater than that intended) A person committing a felony is still criminally liable even if: a. error in personae - there is a mistake in the identity of the victim. b. aberration ictus there is a mistake in the blow. c. praeter intentionem the injurious result is greater than that intended.

Requisites for criminal liability for a felony different from what the offender intended: a. an intentional felony has been committed No felony is committed when: 1. when the act or omission is not punishable by the RPC Ex: attempting to commit suicide is not punishable by the RPC Art. 253 2. when the act is covered by any of the justifying circumstances enumerated in Art. 11 Ex: shoots someone as an act of self-defense, defense of relative, defense of a stranger, or in the fulfillment of duty Art. 11

Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something that results in injuries, is liable for the resulting injuries.

Wrong done must be the direct, natural, and logical consequence of felonious act. A person is criminally responsible for acts committed by him in violation of the law and for all the natural and logical consequences resulting therefrom.

The felony committed must be the proximate cause of the resulting injury. Proximate cause - cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.

Natural - an occurrence in the ordinary course of human life or events Logical - there is a rational connection between the act of the accused and the resulting injury or damage

There must be a relation of cause and effect. Cause being the felonious act of the offended, the effect being the resultant injuries and/or death of the victim.

The felony committed is not the proximate cause of the resulting injury when:

a. there is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused.

b. the resulting injury is due to the intentional act of the victim.

The offender is criminally liable for the death of the victim if his delictual act caused, accelerated, or contributed to the death of the victim.

Not efficient intervening causes: 1. Pre-existing conditions of the victim - Weak or diseased physical condition of the victim 2. Predisposition of the offended party - Nervousness or temperament of the victim 3. Causes which are inherent in the victim 4. Neglect of the victim or third person 5. Erroneous or unskillful medical or surgical treatment

When death is presumed to be the natural consequence of physical injuries inflicted: 1. That the victim at the time the physical injuries were inflicted was in normal health. 2. That death may be expected from the physical injuries inflicted. 3. That death ensued within a reasonable time. * If the consequences produced have resulted from a distinct act or fact absolutely foreign from the criminal act, the offender is not responsible for such consequences.

A felony committed is not the proximate cause of the resulting injury when: 1. There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused.

2. The resulting injury is due to the intentional act of the victim.

* A supervening event may replace the original information as a new charge for the accused to avoid double jeopardy.

PARAGRAPH 2
Impossible crimes - commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such person is a potential criminal. According to positivist thinking, the community must be protected from anti-social activities, whether actual or potential, of the morbid type of man called socially dangerous person.

2nd paragraph of Art. 4 defines the so-called impossible crimes (impossible attempts).

Requisites of impossible crime: 1. That the act performed would be an offense against persons or property. 2. That the act was done with evil intent. 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffec-

tual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code.

1. Performing an act which would be an offense against the persons or property. In committing an impossible crime, the offender intends to commit a felony against persons and property. The act performed would have been an offense against persons or property. But a felony against persons or property should not be actually committed. Otherwise, he would be liable for the felony.

*Impossible crime - there is an intention but committing the crime was impossible

Felonies against persons: 1. Parricide

2. Murder 3. Homicide 4. Infanticide 5. Abortion 6. Duel 7. Physical Injuries

8. Rape

Felonies against properties: 1. Robbery

2. Brigandage 3. Theft 4. Usurpation 5. Culpable insolvency 6. Swindling and other deceits

7.

Chattel mortgage

8. Arson and other crimes involving destruction 9. Malicious mischief

*If the act that would have been committed is not a felony against persons or properties, there is no impossible crime.

That the act was done with evil intent - There was the intention to do an injury to another

2. Were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Impossible crime- The intended act against persons or property couldnt be performed because: 1. the commission of the offense (against persons or property) is inherently impossible of accomplishment

2. the means employed is either inadequate or ineffectual

inherent impossibility of its accomplishment - the intended act by its nature is impossible to do

a. legal impossibility b. physical impossibility

employment of inadequate means - the means to do the act was inadequate to accomplish the intent - frustrated felony - when the means employed is adequate but the expected result is not produced

employment of ineffective means - the means to the act was not effective to accomplish the intent

* it is not an impossible crime if there is a felony committed that is punishable by other provisions of the RPC

Why punish impossible crimes? To suppress criminal propensity or criminal tendencies. Objectively, the offender did not commit a felony. Subjectively, he is a criminal.

ARTICLE 5. DUTY OF THE COURT FOR ACTS NOT COVERED BY THE LAW; EXCESSIVE PENALTIES
Art. 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 acts, 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 penal 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.

PARAGRAPH 1
In connection with acts which should be repressed but which are not covered by the law.

contemplates a trial of a criminal case requires:

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 believe that the said act should be made the subject of penal legislation.

Basis of par.1, Art. 5. - nullum crimen, nulla poena sine lege (there is no crime if there is no law that punishes the act)

PARAGRAPH 2
In cases of excessive penalties.

Requires: 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 b. there is no injury or the injury caused is of lesser gravity 3. The court should not suspend the execution of the sentence 4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending executive clemency.

Total absence of injury -

*Penalties are not excessive when intended to enforce a public policy * Courts have the duty to only interpret laws and apply the penalty provided by law, regardless of their private opinions *Judge has the duty to apply the law as interpreted by the Supreme Court * Courts are not the forum to plead for sympathy

When a strict enforcement of the provisions of this Code. - acts punishable by special laws are not covered by Art. 5.

ARTICLE 6. CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES

Art. 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 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.

Consummated felony - when all the elements necessary for its execution and accomplishment are present

Frustrated felony - 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.

Attempted felony - 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.

Development of crime

1. Internal acts - mere ideas, that when committed would constitute a crime, in the mind of a person are not punishable.

Intention and effect must concur. Mere intention without an effect is not a crime. Mere effect without intention is a crime.

2. External acts

a. Preparatory acts - ordinarily not punishable

b. Acts of execution - punishable under the RPC

Stages of execution:

A. Attempted - when the offender begins the commission of a felony directly by overt acts. He has not
performed all the acts of execution which should produce a felony.

Elements of attempted felony: 1. The offender commences the commission of the felony directly by overt acts Requisites: (1) that there be external acts - the external acts must be related to the overt acts of the crime the offender intended to commit. they should not be mere preparatory acts.

overt act - physical activity or deed, indicating the intention to commit a particular crime. more than a mere planning or preparation, which if carried to its complete termination following it natural course will logically and necessarily ripen into a concrete offense.

indeterminate offense - the purpose of the offender in performing an act is not certain.

(2) such external acts have direct connection with the crime intended to be committed

* The intention of the accused must be viewed from the nature of the acts executed by him and not from his ad mission.

* the offender who personally executes the commission of a crime can be guilty of attempted felony.

* conspiracy - the act of one is act of all

2. He does not perform all the acts of execution which should produce the felony

3. The offenders 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 spontaneous desistance.

- the law does not punish someone who heed the call of their conscience and return to the path of righteousness.

- the desistance should be made before all the acts of execution are performed.

* in attempted felony, the offender never passes the subjective phase of the offense.

subjective phase of the offense - portion of the 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, including the acts natural course.

attempted - if stopped by any cause outside of his own voluntary desistance frustrated - if he is able to perform the last act and is not stopped but the crime is not produced. the acts of the offender reached the objective phase of the crime.

B. Frustrated
Elements: 1. The offender performs all the acts of execution.

* mortal wound - necessary for frustrated homicide

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 - if the perpetrator doesnt perform all the acts of execution because of his own will, it is neither attempted nor frustrated

Frustrated vs Attempted
1. In both, the offender has not accomplished his criminal purpose. 2. Frustrated - offender has performed all the acts of execution (reached objective phase) Attempted - offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution (has not passed the subjective phase)

*There is an intervention (apart from his own voluntary desistance) in attempted during the consummation of the crime, while in frustrated there is none.

Attempted/Frustrated vs Impossible crime

1. For all three, the intent of the offender is not accomplished 2. Impossible crime - evil intent cannot be accomplished Attempted/Frustrated - evil intent is possible of accomplishment 3. Impossible crime - it is inherently impossible of accomplishment or because the means employed is inadequate or ineffectual Attempted/Frustrated - prevention of the accomplishment is because of an intervening cause or accident

C. Consummated - all the elements necessary for its execution and accomplishment are present
There is no consummated felony when: 1. the felony is not shown to have been consummated 2. the felony is not shown to have been committed 3. another felony is shown to have been committed

How to determine whether the crime is attempted, frustrated or consummated:

1. Nature
Arson - the property is not necessarily completely destroyed - only frustrated arson when no part of the house has burned yet, but there are materials already to start the fire - attempted arson when someone hasnt burned a match and he was apprehended - consummated arson when any part of the house, no matter how small, is burned burning

2. Elements
Theft - consummated when the thief is able to take or get hold of the thing belonging to another , even if he is not able to carry it away - actual taking with intent to gain of personal property belonging to another, without the latters consent, is sufficient to constitute consummated theft.

Estafa - consummated when the offended party is actually damaged or prejudiced (1) abuse of confidence (2) damage to the offended party must occur

3. Manner
1. Formal crimes - consummated in one instant (single act), no attempt; between the thought and the deed there is no chain of acts that can be severed in any link. ex: slander and false testimony

2. Crimes consummated by mere attempt or proposal or by overt act

Flight to enemys country - mere attempt to fee to an enemy country is consummated felony

Corruption of minors - mere proposal to the minor to satisfy the lust of another will consummate the offense

* No attempted crime of treason. the overt act in itself consummates the crime

3. Felony by ommission - there can be no attempted stage when the felony is omission, because of the absence of external acts.

* killing a child by starving him is commission

4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement

5. Material crimes - not consummated in one instant or by a single act (homicide, rape, etc). There are three stages of execution.

a. consummated rape - entry of the labia or lips of the female organ without rupture of the hymen or laceration of the vagina is generally held sufficient to warrant conviction of the accused for consummate crime of rape.

b. frustrated rape - there being no conclusive evidence of penetration of the genital organ of the child, the accused is entitled to the benefit of the doubt and can only be found guilty of frustrated rape.

c. attempted rape

d. consummated homicide -

e. frustrated murder -

f. attempted homicide

There is no attempted or frustrated impossible crime - the acts performed by the offender are considered as constituting a consummated offense.

ARTICLE 7. LIGHT FELONIES

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.

Light felonies - infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided.

Light felonies punishable by the RPC: 1. Slight physical injuries 2. Theft 3. Alteration of boundary marks 4. Malicious mischief 5. Intriguing against honor

Penalty for light felonies is arresto menor - imprisonment from one day to thirty days, or a fine not exceeding P200

1. With the exception of those committed against persons or property.

General rule: Light felonies are punishable only when they have been consummated.

Reason: Light felonies produce such light, insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. If they are not consummated, the wrong done is so slight that there is no need of providing a penalty at all.

Exception: Attempted or frustrated light felonies against persons or property are still punishable. Reason: Commission of felonies against persons or property presupposes in the offender moral depravity.

ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY

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

ARTICLE 4. CRIMINAL LIABILITY

Art. 4. Criminal liability. 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. Has no reference to to the manner criminal liability is incurred. The manner of incurring criminal liability is under Art. 3. of the RPC which states that performing or failing to do an act, when either is punished by law, by means of dolo (deceit; with malice) or culpa (fault; negligence or imprudence).

Art. 4 (1): One who commits an intentional felony is responsible for ALL the consequences, regardless of his intention. - el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil caused)

PARAGRAPH 1
1. Committing a felony o o o o o o felony is an act or omission punishable by the RPC An act not punishable by the RPC is not a felony different from that which he intended - felony committed by means of dolo (with malice) if wrongful act is a committed by means of culpa (negligence or imprudence), liability is determined under Art. 365 (defines and penalizes criminal negligence) not punishable by special laws offender violating a special law may not have intent to do an injury to another. If a person does not commit a felony, he is not criminally liable for the result which he did not intended.

2. Although the wrongful act done be different from that which he intended. Causes which may produce a result different from what the offender intended: 1. Mistake in the identity of the victim 2. Mistake in the blow (when the offender intending to do an injury to one person actually inflicts it on another) 3. The act exceeds the intent (the injurious result is greater than that intended) A person committing a felony is still criminally liable even if: a. error in personae - there is a mistake in the identity of the victim. b. aberration ictus there is a mistake in the blow. c. praeter intentionem the injurious result is greater than that intended. Requisites for criminal liability for a felony different from what the offender intended: a. an intentional felony has been committed No felony is committed when: 1. when the act or omission is not punishable by the RPC Ex: attempting to commit suicide is not punishable by the RPC Art. 253 2. when the act is covered by any of the justifying circumstances enumerated in Art. 11

Ex: shoots someone as an act of self-defense, defense of relative, defense of a stranger, or in the fulfillment of duty Art. 11 Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something that results in injuries, is liable for the resulting injuries. Wrong done must be the direct, natural, and logical consequence of felonious act. A person is criminally responsible for acts committed by him in violation of the law and for all the natural and logical consequences resulting therefrom. The felony committed must be the proximate cause of the resulting injury. Proximate cause - cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Natural - an occurrence in the ordinary course of human life or events Logical - there is a rational connection between the act of the accused and the resulting injury or damage There must be a relation of cause and effect. Cause being the felonious act of the offended, the effect being the resultant injuries and/or death of the victim. The felony committed is not the proximate cause of the resulting injury when: a. there is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused. b. the resulting injury is due to the intentional act of the victim. The offender is criminally liable for the death of the victim if his delictual act caused, accelerated, or contributed to the death of the victim. Not efficient intervening causes: 1. Pre-existing conditions of the victim - Weak or diseased physical condition of the victim 2. Predisposition of the offended party - Nervousness or temperament of the victim 3. Causes which are inherent in the victim 4. Neglect of the victim or third person 5. Erroneous or unskillful medical or surgical treatment When death is presumed to be the natural consequence of physical injuries inflicted: 1. That the victim at the time the physical injuries were inflicted was in normal health. 2. That death may be expected from the physical injuries inflicted. 3. That death ensued within a reasonable time. * If the consequences produced have resulted from a distinct act or fact absolutely foreign from the criminal act, the offender is not responsible for such consequences. A felony committed is not the proximate cause of the resulting injury when: 1. There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused. 2. The resulting injury is due to the intentional act of the victim.

* A supervening event may replace the original information as a new charge for the accused to avoid double jeopardy.

PARAGRAPH 2
Impossible crimes - commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such person is a potential criminal. According to positivist thinking, the community must be protected from anti-social activities, whether actual or potential, of the morbid type of man called socially dangerous person. 2nd paragraph of Art. 4 defines the so-called impossible crimes (impossible attempts). Requisites of impossible crime: 1. That the act performed would be an offense against persons or property. 2. That the act was done with evil intent. 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code. 1. Performing an act which would be an offense against the persons or property. In committing an impossible crime, the offender intends to commit a felony against persons and property. The act performed would have been an offense against persons or property. But a felony against persons or property should not be actually committed. Otherwise, he would be liable for the felony. *Impossible crime - there is an intention but committing the crime was impossible Felonies against persons: 1. Parricide 2. Murder 3. Homicide 4. Infanticide 5. Abortion 6. Duel 7. Physical Injuries 8. Rape

Felonies against properties: 1. Robbery 2. Brigandage 3. Theft 4. Usurpation 5. Culpable insolvency 6. Swindling and other deceits 7. Chattel mortgage 8. Arson and other crimes involving destruction 9. Malicious mischief

*If the act that would have been committed is not a felony against persons or properties, there is no impossible crime. That the act was done with evil intent - There was the intention to do an injury to another 2. Were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Impossible crime- The intended act against persons or property couldnt be performed because: 1. the commission of the offense (against persons or property) is inherently impossible of accomplishment 2. the means employed is either inadequate or ineffectual inherent impossibility of its accomplishment - the intended act by its nature is impossible to do a. legal impossibility b. physical impossibility employment of inadequate means - the means to do the act was inadequate to accomplish the intent - frustrated felony - when the means employed is adequate but the expected result is not produced employment of ineffective means - the means to the act was not effective to accomplish the intent * it is not an impossible crime if there is a felony committed that is punishable by other provisions of the RPC Why punish impossible crimes? To suppress criminal propensity or criminal tendencies.

Objectively, the offender did not commit a felony. Subjectively, he is a criminal.

ARTICLE 5. DUTY OF THE COURT FOR ACTS NOT COVERED BY THE LAW; EXCESSIVE PENALTIES
Art. 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 acts, 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 penal 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.

PARAGRAPH 1
In connection with acts which should be repressed but which are not covered by the law. contemplates a trial of a criminal case requires: 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 believe that the said act should be made the subject of penal legislation. Basis of par.1, Art. 5. - nullum crimen, nulla poena sine lege (there is no crime if there is no law that punishes the act)

PARAGRAPH 2
In cases of excessive penalties. Requires: 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 b. there is no injury or the injury caused is of lesser gravity 3. The court should not suspend the execution of the sentence 4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending

executive clemency. Total absence of injury *Penalties are not excessive when intended to enforce a public policy * Courts have the duty to only interpret laws and apply the penalty provided by law, regardless of their private opinions *Judge has the duty to apply the law as interpreted by the Supreme Court * Courts are not the forum to plead for sympathy When a strict enforcement of the provisions of this Code. - acts punishable by special laws are not covered by Art. 5.

ARTICLE 6. CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES

Art. 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 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. Consummated felony - when all the elements necessary for its execution and accomplishment are present Frustrated felony - 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. Attempted felony - 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.

Development of crime 1. Internal acts - mere ideas, that when committed would constitute a crime, in the mind of a person are not punishable. Intention and effect must concur. Mere intention without an effect is not a crime. Mere effect without intention is a crime.

2. External acts a. Preparatory acts - ordinarily not punishable b. Acts of execution - punishable under the RPC

Stages of execution:

A. Attempted - when the offender begins the commission of a felony directly by overt acts. He has not
performed all the acts of execution which should produce a felony. Elements of attempted felony: 1. The offender commences the commission of the felony directly by overt acts Requisites: (1) that there be external acts - the external acts must be related to the overt acts of the crime the offender intended to commit. they should not be mere preparatory acts. overt act - physical activity or deed, indicating the intention to commit a particular crime. more than a mere planning or preparation, which if carried to its complete termination following it natural course will logically and necessarily ripen into a concrete offense. indeterminate offense - the purpose of the offender in performing an act is not certain.

(2) such external acts have direct connection with the crime intended to be committed * The intention of the accused must be viewed from the nature of the acts executed by him and not from his ad mission. * the offender who personally executes the commission of a crime can be guilty of attempted felony. * conspiracy - the act of one is act of all 2. He does not perform all the acts of execution which should produce the felony 3. The offenders 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 spontaneous desistance.

- the law does not punish someone who heed the call of their conscience and return to the path of righteousness. - the desistance should be made before all the acts of execution are performed. * in attempted felony, the offender never passes the subjective phase of the offense. subjective phase of the offense - portion of the 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, including the acts natural course. attempted - if stopped by any cause outside of his own voluntary desistance frustrated - if he is able to perform the last act and is not stopped but the crime is not produced. the acts of the offender reached the objective phase of the crime.

B. Frustrated
Elements: 1. The offender performs all the acts of execution. * mortal wound - necessary for frustrated homicide 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 - if the perpetrator doesnt perform all the acts of execution because of his own will, it is neither attempted nor frustrated

Frustrated vs Attempted
1. In both, the offender has not accomplished his criminal purpose. 2. Frustrated - offender has performed all the acts of execution (reached objective phase) Attempted - offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution (has not passed the subjective phase) *There is an intervention (apart from his own voluntary desistance) in attempted during the consummation of the crime, while in frustrated there is none.

Attempted/Frustrated vs Impossible crime

1. For all three, the intent of the offender is not accomplished 2. Impossible crime - evil intent cannot be accomplished Attempted/Frustrated - evil intent is possible of accomplishment 3. Impossible crime - it is inherently impossible of accomplishment or because the means employed is inadequate or ineffectual Attempted/Frustrated - prevention of the accomplishment is because of an intervening cause or accident

C. Consummated - all the elements necessary for its execution and accomplishment are present
There is no consummated felony when:

1. the felony is not shown to have been consummated 2. the felony is not shown to have been committed 3. another felony is shown to have been committed

How to determine whether the crime is attempted, frustrated or consummated: 1. Nature

Arson - the property is not necessarily completely destroyed - only frustrated arson when no part of the house has burned yet, but there are materials already to start the fire - attempted arson when someone hasnt burned a match and he was apprehended - consummated arson when any part of the house, no matter how small, is burned burning

2. Elements
Theft - consummated when the thief is able to take or get hold of the thing belonging to another , even if he is not able to carry it away - actual taking with intent to gain of personal property belonging to another, without the latters consent, is sufficient to constitute consummated theft. Estafa - consummated when the offended party is actually damaged or prejudiced (1) abuse of confidence (2) damage to the offended party must occur

3. Manner
1. Formal crimes - consummated in one instant (single act), no attempt; between the thought and the deed there is no chain of acts that can be severed in any link. ex: slander and false testimony 2. Crimes consummated by mere attempt or proposal or by overt act Flight to enemys country - mere attempt to fee to an enemy country is consummated felony Corruption of minors - mere proposal to the minor to satisfy the lust of another will consummate the offense * No attempted crime of treason. the overt act in itself consummates the crime 3. Felony by ommission - there can be no attempted stage when the felony is omission, because of the absence of external acts.

* killing a child by starving him is commission 4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement 5. Material crimes - not consummated in one instant or by a single act (homicide, rape, etc). There are three stages of execution. a. consummated rape - entry of the labia or lips of the female organ without rupture of the hymen or laceration of the vagina is generally held sufficient to warrant conviction of the accused for consummate crime of rape. b. frustrated rape - there being no conclusive evidence of penetration of the genital organ of the child, the accused is entitled to the benefit of the doubt and can only be found guilty of frustrated rape. c. attempted rape d. consummated homicide e. frustrated murder f. attempted homicide

There is no attempted or frustrated impossible crime - the acts performed by the offender are considered as constituting a consummated offense.

ARTICLE 7. LIGHT FELONIES

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. Light felonies - infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. Light felonies punishable by the RPC: 1. Slight physical injuries 2. Theft 3. Alteration of boundary marks 4. Malicious mischief 5. Intriguing against honor Penalty for light felonies is arresto menor - imprisonment from one day to thirty days, or a fine not exceeding P200 1. With the exception of those committed against persons or property.

General rule: Light felonies are punishable only when they have been consummated. Reason: Light felonies produce such light, insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. If they are not consummated, the wrong done is so slight that there is no need of providing a penalty at all. Exception: Attempted or frustrated light felonies against persons or property are still punishable. Reason: Commission of felonies against persons or property presupposes in the offender moral depravity.

ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Art. 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 a proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. 1. Conspiracy and proposals to commit felony. Two separate acts: (1) Conspiracy to commit a felony (2) Proposal to commit a felony 2. Only in the cases in which the law specially provides a penalty thereof. - unless there is a specific provision in the RPC that provides a penalty for conspiracy or proposal to commit a felony, mere conspiracy or proposal is not a felony. Conspiracy - exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. - generally, conspiracy is not a crime, except when the law provides a penalty therefor as in treason, rebellion, and sedition. - as long as the conspirators do not perform overt acts to commit their plan, the sovereignty of the State is not outraged and the tranquility of the public remains undisturbed. - when in resolute execution of a common scheme, a felony is committed by two or more malefactors. the existence of a conspiracy assumes pivotal importance in the determination of the liability of the perpetrators.

General rule: Conspiracy and proposal to commit felony are not punishable. Exception: They are punishable only in the cases in which the law specially provides a penalty therefor.

Reason: Conspiracy and proposal to commit a crime are only preparatory acts, and the law regards them as innocent or at least permissible except in rare and exceptional cases.

CONSPIRACY
RPC provides penalty for mere conspiracy in: Art. 115. Conspiracy to commit treason. - punished by prision mayor and a fine not exceeding 10,000 pesos. Art. 136. Conspiracy to commit coup detat, rebellion or insurrection. conspiracy to commit coup detat - punished by prision mayor in its minimum period and a fine which shall not exceed 8,000 pesos. conspiracy to commit rebellion or insurrection - punished by prision correccional in its maximum period and a fine which shall not exceed 5,000 pesos. Art. 141. Conspiracy to commit sedition. - punished by prision mayor in its medium period and a fine not exceeding 2,000 pesos. * Treason, coup detat rebellion or sedition should not be actually committed . It is sufficient for the conspirators to agree and decide to commit treason, rebellion or sedition. If they commit the acts, they will be held liable for it and the conspiracy is only a manner of incurring criminal liability. It is not a separate offense. * When the conspiracy relates to a crime actually committed, it is not a felony but only a manner of incurring criminal liability. When there is conspiracy, the act of one is the act of all. All the conspirators who carried out their plan and personally took part in the execution are equally liable. * for a collective responsibility among the accused to be established, it is sufficient that at the time of the aggression, all of them acted in concert, each doing his part to fulfill their common design to kill their victim, although only one physically injured/killed the victim. the act of one is deemed to be the act of all. * The acts of the defendants must show a common design. it is fundamental for conspiracy to exist that there must be unity of purpose and unity in the execution of the unlawful objective. *Conspiracy arises on the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it.

RPC provision punishing conspiracy:

Art.186. Monopolies and combinations in restraint of trade. - penalty of prision correcional in its minimum period or a fine ranging from two hundred to six thousand pesos, or both, shall be imposed upon: 1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free compe-

tition in the market. 2. Any person who, being a manufacturer, producer, shall combine, conspire or agree with any person for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price of any such merchandise.

Requisites of conspiracy:
1. That two or more persons came to an agreement. 2. That the agreement concerned the commission of a felony 3. That the execution of the felony be decided upon. 1st element - agreement presupposes meeting of the minds of two or more persons. 2nd element - the agreement must refer to the commission of a crime. It must be an agreement to act, to effect, to bring about what has already been conceived and determined. 3rd element - the conspirators have made up their minds to commit the crime. There must be a determination to commit the crime of treason, rebellion or sedition.

*Direct proof is not essential to establish conspiracy, and may be inferred from the collective acts of the accused before, during and after the commission of the crime. * The elements of conspiracy must be proven beyond reasonable doubt. To establish conspiracy, evidence of actual cooperation rather than mere cognizance or approval of an illegal act is required. A conspiracy must be established by positive and conclusive evidence. Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship.

PROPOSAL
RPC provides penalty for mere proposal in: Art. 115. Proposal to commit treason. - punished by prision correccional and a fine not exceeding 5,000 pesos. Art 136. Proposal to commit coup detat rebellion or insurrection. proposal to commit coup detat - punished by prision mayor in its minimum period and a fine which shall not exceed 8,000 pesos. proposal to commit rebellion or insurrection - punished by prision correccional in its medium period and a fine which shall not exceed 2,000 pesos. * Treason, or rebellion should not be actually committed by reason of the proposal. If they commit the acts after and because of the proposal, they will be held liable for treason or rebellion as a principal by inducement. The proposal is not a felony.

Requisites of proposal:
1. That a person has decided to commit a felony. 2. That he proposes its execution to some other person or persons.

There is no criminal proposal when:

1. The person who proposes is not determined to commit the felony. 2. There is no decided, concrete and formal proposal. 3. It is not the execution of a felony that is proposed. (mere proposal of performance of preparatory acts doesnt constitute to criminal proposal) *Desistance after the proposal cannot legally exempt someone from criminal liability. The crime of proposal to commit rebellion is consummated already. * The law does not require that the proposal be accepted by the person to whom the proposal is made. *Proposal as an overt act of corruption from a public officer. (ex: attempted bribery is in the nature of a proposal)

Crimes in which conspiracy and proposal are punishable are against the security of the State or the economic security. Treason against the external security of the State Coup detat, rebellion, and sedition against internal security Monopolies and combinations on restraint of trade against economic security

Why are conspiracy and proposal to commit a crime is punishable in crimes against external and internal security of the State? In ordinary crimes, the State survives the victim, and the culprit cannot find impunity in the success of his work. In crimes against the external and internal security of the State, if the culprit succeeds in his criminal enterprise, he would obtain the power and therefore impunity for the crime committed.

ARTICLE 9. GRAVE FELONIES, LESS GRAVE FELONIES, AND LIGHT FELONIES.

Art. 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. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

*Classification of felonies according to their gravity. 1. To which the law attaches the capital punishment. - Capital punishment is death penalty. 2. Or penalties which in any of their periods are afflictive. - when the penalty prescribed for the offense is composed of two or more distinct penalties, the higher or highest of the penalties must be an afflictive penalty. - If the penalty prescribed is composed of two or more periods corresponding to different divisible penalties, the higher or maximum period must be that of an afflictive penalty. - If the penalty is composed of two periods of an afflictive penalty or of two periods corresponding to different afflictive penalties, the offense for which it is prescribed is a grave felony. The afflictive penalties in accordance with Art. 25 of this Code are: - Reclusion perpetua - Reclusion temporal - Perpetual or temporary absolute disqualification - Perpetual or temporary special disqualification - Prision mayor 3. Penalties which in their maximum period are correctional. - when the penalty prescribed for the offense is composed of two or more distinct penalties, the higher or highest of the penalties must be a correctional penalty. - if the penalty prescribed is composed of two or more periods corresponding to different divisible penalties, the higher or maximum period must be that of correctional penalty. - if the penalty is composed of two periods of a correctional penalty or of two periods corresponding to different correctional penalties, like destierro and arresto mayor, the offense for which it is prescribed is a less grave felony. The following are correctional penalties: - prision correccional - arresto mayor - suspension - destierro

4. The penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

When the Code provides a fine of exactly P200.00 for the commission of a felony, it is a light felony. If the amount of the fine provided by the Code is more than P200.00, then it is a less grave felony. According to Art.26, a fine not exceeding P6000.00 is a correctional penalty. If the amount of the fine provided by the Code is more than P6000.00, it is a grave felony. According to Art. 26, a fine exceeding P6000.00 is an afflictive penalty. Although Art. 26 provides that a fine not less than P200.00 is a correctional penalty. Art. 9 which defines light felonies should prevail, because the latter classifies felonies according to their gravity, while the former classifies the fine according to the amount thereof. Gambling punished with arresto menor or a fine not exceeding P200.00 is a light felony. A felony punishable by a fine not exceeding P200.00 and censure (Art. 365, par. 4) is a light felony, because public censure, like arresto menor, is a light felony.

ARTICLE 10. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE.

Art. 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. Two clauses: 1st offenses under special laws are not subject to the provisions of the Code. the Penal Code is not intended to supersede special penal laws, which are controlling with regard to offenses therein specially punished. Restates the elemental rule of statutory construction that special legal provisions prevail over general ones.

2nd makes the Code supplementary 1. Special laws. acts not defined and penalized by the Penal Code. A statute enacted by the Legislative branch, penal in character, which is not an amendment to the RPC. Usually follow the form of American penal law

* The provisions of the RPC on penalties cannot be applied to offenses punishable under special laws. Under special laws, imprisonment is used instead of prision correccional. Such terms are only for penalties for crimes under RPC.

*Attempted and frustrated crimes under special laws are not punishable unless the special law provides a penalty.

*The special law has to fix penalties for attempted and frustrated crime. The special law does not provide for a penalty one or two degrees lower than that provided by the consummated stage. The special law as to fix the penalty for the attempt and a penalty for the frustration of the crime defined by it, for the crime to be punished in case it reaches only the attempted and frustrated stages. *When the special law covers the mere attempt to commit the crime defined by it, the attempted stage is punishable by the penalty provided by that law. * Art. 10, RPC is not applicable to punish an accomplice under the special law. no law to punish it Plea of guilty as a mitigating circumstance under RPC is not available to offenses punishable under special laws. Usually, crimes under special laws are not performed in 3 stages like crimes under RPC. (ex: illegal possession of firearms)

2. Supplementary supplying what is lacking; additional

3. Unless the latter should specifically provide the contrary. * Special laws amending the RPC are subject to its provisions.