CONSUMMATED FELONY
all elements necessary for execution and accomplishments are present
FORMAL CRIMES
consummated in one instant, no attempt
CRIMES CONSUMMATED BY MERE ATTEMPT OR PROPOSAL OR BY OVERT ACT
flight to enemy’s country, corruption of minors, no attempted crime of treason
FELONY BY OMISSION
offender does not execute acts, he omits to perform an act in which the law requires him to do
CRIMES BY CONSPIRACY
the offer made by one of the parties to another constitutes an attempted felony if the offer is rejected
MATERIAL CRIMES
goes through three stages of execution: attempted, frustrated, consummated
- Consummated rape - entry of labia of the female organ without laceration of the vagina is generally held sufficient to warrant conviction of the accused.
- Frustrated rape - there is no crime of frustrated rape.
- Attempted rape - found an opportunity to escape and the accused failed to restrain her.
- Consummated homicide - no qualifying circumstance to make the killing murder, cause of death was hemorrhage, secondary to the stab wound.
- Frustrated murder - the relatively quick recovery prevented infection in the wound from reaching fatal conditions.
- Attempted homicide - as not able to perform all acts of execution, warned victim before shooting
FRUSTRATED FELONY
when offender performs all acts of execution producing the felony as consequence, but do not produce it by reason of causes independent of the will of the perpetrator
ELEMENTS OF FRUSTRATED FELONY
- The offender performs all acts of execution - offender has performed the last act of the execution
- All the acts performed would produce the felony as a consequence
- But the felony is not produced - requires that the victim should die to consummate the felony, it is necessary for the frustration of the same that a mortal wound is inflicted, if felony is produced it would be consummated
- By reason of causes independent of the will of the perpetrator - if crime is not produced because the offender himself prevented its consummation, there is no frustrated felony
FRUSTRATED V. ATTEMPTED
both: offender has not accomplished its criminal purpose
AF: not performed all acts, reached subjective phase, with intervention, stopped short by some cause apart from own voluntary resistance
FF: performed all acts, reached objective phase, no intervention of foreign or extraneous cause or agency between the beginning of the crime and the moment when all acts have been performed
AF AND FF V. IMPOSSIBLE CRIME
AF/FF/IC: evil intent of offender is not accomplished
IC: evil intent cannot be accomplished
AF/FF: evil intent is possible of accomplishment
IC: evil intent cannot be accomplished because it is inherently impossible of accomplishment or because the means employed is inadequate or ineffectual
AF/FF: prevented through cause or accident
ATTEMPTED FELONY
when offender commences commission of felony directly by overt acts and does not perform all the acts of execution by reason of some cause or accident other than own spontaneous desistance
ELEMENTS OF ATTEMPTED FELONY
- Offender commences commission of felony directly by overt acts
- Requisites:
[1] that there be external acts
[2] such external acts have a direct connection with the crime intended to be committed (should not be preparatory acts) - He does not perform all the acts of execution which should produce the felony
- The offender’s act is not stopped by his own spontaneous desistance
- The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance
INTERNAL ACTS
mere ideas in a mind of a person, not punishable even if they have been carried out
intention and effect must concur (mere intention producing no effect is no more a crime than a mere effect without the intention is a crime)
EXTERNAL ACTS
preparatory acts = ordinarily they are not punishable as they do not create any external effect
acts of execution = punishable by RPC, attempted, frustrated, consummated
INDETERMINATE OFFENSE
purpose of the offender in performing an act is not certain
accused may be convicted for a felony defined by the acts performed by him up to the time of desistance
NATURE OF ACTS EXECUTED
- Directly by over acts - only offenders who personally execute the commission of a crime can be guilty of attempted felony
- Does not perform all acts of execution - if anything yet remained for him to do, he would be guilty of an attempted crime
- By reason of some cause or accident - the offender fails to perform all the acts of execution because of some cause or accident
- Other than his own spontaneous desistance - one who takes part in planning a criminal act but desists in its actual commission is exempt from criminal liability, desistance may be through fear or remorse.
