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ARTICLE 6: Consummated, frustrated and attempted felonies

A. Two Stages in the Development of a Crime


1. Internal criminal ideas or thoughts within the mind. Not punishable by the law.
2. External direct overt acts executing the felony.
a. Prepatory Acts - Not punishable except when the law clearly provides (i.e.
possession of picklocks or similar tools under Art. 304)
b. Acts of Execution the act of committing the crime; this is punishable by RPC.
i. Attempted
ii. Frustrated
iii. Consummated

B. Phases of Crimes
a. Subjective Phase commencement of the comission of the act until the time the
perpetrator has still control over his acts. He still has control as to proceed or not
proceed with the intended felony.
b. Objective Phase when the perpetrator chooses to do all acts to execute the felony.

C. Formal crimes consummated at one instant; no attempt. These are felonies which by single act
of the accused consummates the offense as a matter of law (e.g. physical injuries, acts of
lasciviosness, attempted flight to an enemy country, coercion, slander, illegal exaction).

D. Material crimes the crimes that involve three stages of execution attempted, frustrated and
consummated

E. Factors that affect the stage of execution of a felony (MEN)

1. Manner of execution
- formal crimes, material crimes, felony by omission
2. Elements constituting the felony
3. Nature of the offense

F. Stages of Execution:

1. Attempted commencement of the crime until the subjective phase. The moment that the
perpetrator commences desists on his own will, he will no longer be criminally liable.
a. The offender the commences the comission of the act through a direct overt act.
b. The offender does not do all the acts of execution
c. The offender does not stop at his own desistence
d. The felony is not committed by reasons of causes or accidents other than the
offenders own desistence.

Overt Act any physical bodily movement or deed indicating the intention to commit a
particular crime, thus it is directly connected with the comission of the crime. This is
more than mere planning, which would ripen to a felony if the act would continue its
natural course, if not interrupted by the voluntary desistence of the offender, or by
reasons of causes or accidents other than the offenders own desistence.

Indeterminate offense when the purpose of the offender is not certain. The accused
may be convicted of a felony defined by the acts performed by him up to the time of
desistance.

Desistance an absolute cause which negates criminaly liability. Two kinds of


desistance Legal and factual desistance.

Legal desistance- this would obviate the criminal liability, unless the overt act
has already resulted to a felony. This occurs during the attempted stage only.
Factual desistance desistance made after the attempted stage; the offender is
still criminally liable.
2. Frustrated the end of subjective phase and beginning of objective phase
a. The offender performs all acts of execution
b. All the acts performed would have produced the felony as a consequence
c. But felony was not produced
d. By reasons of causes independent of the will of the perpetrator
3. Consummated all elements of felony should be present for its execution and
accomplishment. The nature of the crime must be considered.

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