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Criminal Law (Article 6) Reviewer
Criminal Law (Article 6) Reviewer
Consummated,, Frustrated, and Attempted The offender commences the commission of the felony
Felonies. — Consummated felonies, as well as those which directly by overt acts;
are frustrated and attempted, are punishable. 2. He does not perform all the acts of execution which
should produce the felony;
A felony is consummated when all the elements necessary 3. The offender's act is not stopped by his own
for its execution and accomplishment are present; and it is spontaneous desistance;
frustrated when the offender performs all the acts of 4. The non-performance of all acts of execution was due to
execution which would produce the felony as a consequence cause or accident other than his spontaneous desistance.
but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator. Desistance at the attempted stage exempts the offender
from criminal liability.
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does not When is the commission of a felony deemed commenced
perform all the acts of execution which should produce directly by overt acts? When the following two requisites
the felony by reason of some cause or accident other than are present:
his own spontaneous desistance. (1) That there be external acts;
(2) Such external acts have direct connection with the
Consummated felony, defined. crime intended to be committed.
A felony is consummated when all the elements necessary
for its execution and accomplishment are present. An overt act is some physical activity or deed, indicating
the intention to commit a particular crime, more than a
Frustrated felony, defined. mere planning or preparation, which if carried to its
It is frustrated when the offender performs all the acts complete termination following its natural course, without
of execution which would produce the felony as a being frustrated by external obstacles nor by the
consequence but which, nevertheless, do not produce it by voluntary desistance of the perpetrator, will logically and
reason of causes independent of the will of the necessarily ripen into a concrete offense.
perpetrator.
Under the Revised Penal Code, there is no crime
Attempted felony, defined. of frustrated theft
There is an attempt when the offender commences the In case of robbery by the use of force upon
commission of a felony directly by overt acts and does not things, in order that he simple act of entering by means
perform all the acts of execution which should produce of force another person's dwelling may be considered an
the felony by reason of some cause or accident other than attempt to commit this offense, it must be shown that
his own spontaneous desistance. the offender clearly intended to take possession, for the
purpose of gain of some personal property of another
INDETERMINATE STATE – refers to the phase where
the purpose of the overt acts committed by the accused is Momentary possession is sufficient to make the crime of
uncertain or indefinite. The purpose is susceptible of theft consummated. The opportunity to completely
having two or more interpretations. dispose of the property taken or to profit from the act is
NOT NECESSARY.
Internal acts, such as mere ideas in the mind of a person, Element of “ASPORTACION” or the taking of a personal
are not punishable even if, had they been carried out, they property belonging to another is essential to the
would constitute a crime. determination of robbery and theft.
Mere intention producing no effect is no more a crime than The intention of the accused must be viewed from the
a mere effect without the intention is a crime. nature of the acts executed by him, and not from his
admission.
Acts of execution — they are punishable under the If the offender has performed all the acts of execution —
Revised Penal Code nothing more is left to be done — the stage of execution is
that of a frustrated felony, if the felony is not produced;
ELEMENTS OF ATTEMPTED FELONY or consummated, if the felony is produced.
One who takes part in planning a criminal act but desists CONSUMMATED FELONY
in its actual commission is exempt from criminal liability.
It may also be said to be that period occupied by the acts FACTS: In early morning of December 1991, Renato
of the offender over which he has control — that period Baleros went to the dormitory room of Martina Lourdes T.
between the point where he begins and the points where Albano (Malou), placed himself on top of her, and pressed a
he voluntarily desists. If between these two points the handkerchief soaked in chloroform. Malou struggled to
offender is stopped by reason of any cause outside of his free herself in the hands of Baleros and succeeded by
own voluntary desistance, the subjective phase has not grabbing his sexual organ and squeezing it.
been passed and it is an attempt. If he is not so stopped
Malou immediately reported the incident to the security petitioner was fully clothed and that there was no attempt
guard and her maid. on his part to undress Malou, let alone touch her private
part.
The morning after, the police said to the tenants of the
dormitory to grab the things that are theirs. The room Verily, while the series of acts committed by the
was left with an unclaimed bag which Christian, one of the petitioner do not determine attempted rape, as earlier
tenants, knew right away that was Renato’s. Among the discussed, they constitute unjust vexation punishable as
contents of the bag was a handkerchief with a volatile light coercion under the second paragraph of Article 287
substance.They later found out that Renato was a suitor of of the Revised Penal Code.
Malou which she rejected a week ago.
As it were, unjust vexation exists even without the
RTC found Renato guilty of attempted rape. CA further element of restraint or compulsion for the reason that
affirmed the decision. this term is broad enough to include any human conduct
which, although not productive of some physical or
ISSUE: material harm, would unjustly annoy or irritate an innocent
person.25 The paramount question is whether the
Whether the Court of Appeals erred in affirming RTC offender’s act causes annoyance, irritation, torment,
Manila’s conviction of Baleros with attempted rape distress or disturbance to the mind of the person to whom
it is directed.
HELD: Yes.
WHEREFORE, the assailed Decision of the Court of
Positive identification pertains essentially to proof of Appeals affirming that of the Regional Trial Court of
identity and not per se to that of being an eyewitness to Manila, is hereby REVERSED and SET ASIDE and a new
the very act of commission of the crime. There are two one entered ACQUITTING petitioner Renato D. Baleros,
types of positive identification. A witness may identify a Jr. of the charge for attempted rape. Petitioner,
suspect or accused as the offender as an eyewitness to however, is adjudged GUILTY of light coercion and is
the very act of the commission of the crime. This accordingly sentenced to 30 days of arresto menor and to
constitutes direct evidence. There may, however, be pay a fine of ₱200.00, with the accessory penalties
instances where, although a witness may not have actually thereof and to pay the costs.
witnessed the very act of commission of a crime, he may
still be able to positively identify a suspect or accused as Art. 7. When light felonies are punishable. — Light
the perpetrator of a crime as when, for instance, the felonies are punishable only when they have been
latter is the person or one of the persons last seen with consummated, with the exception of those committed
the victim immediately before and right after the against persons or property.
commission of the crime. This is the second type of
positive identification, which forms part of circumstantial Light felonies are those infractions of law for the
evidence commission of which the penalty of arresto menor or a fine
not exceeding 200 pesos, or both, is provided.
Sec. 4. Circumstantial evidence, when sufficient – The light felonies punished by the Revised Penal Code:
Circumstantial evidence is sufficient for conviction if – 1. Slight physical injuries. (Art. 266)
2. Theft. (Art. 309, pars. 7 and 8)
a) There is more than one circumstance; 3. Alteration of boundary marks. (Art. 313)
4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3)
b) The facts from which the inferences are derived are 5. Intriguing against honor. (Art. 364)
proven; and
Light felonies are punishable only when they have been
c) The combination of all the circumstances is such as to consummated.
produce a conviction beyond reasonable doubt. Exception:
Light felonies committed against persons or property,
In People vs. Lamahang,17 stated that "the attempt which are punishable even {{attempted or frustrated.
the Penal Code punishes is that which has a logical
connection to a particular, concrete offense; that which is THEFT
the beginning of the execution of the offense by overt Valenzuela v. People, G.R. No. 160188, 21 June 2007
acts of the perpetrator, leading directly to its realization
and consummation. While a security guard was manning his post the open
parking area of a supermarket, he saw the accused,
As it were, petitioner did not commence at all the Aristotel Valenzuela, hauling a push cart loaded with cases
performance of any act indicative of an intent or attempt of detergent and unloaded them where his co-accused,
to rape Malou. It cannot be overemphasized that Jovy Calderon, was waiting. Valenzuela then returned
inside the supermarket, and later emerged with more
cartons of detergent. Thereafter, Valenzuela hailed a taxi
and started loading the boxes of detergent inside. As the
taxi was about to leave the security guard asked
Valenzuela for the receipt of the merchandise. The
accused reacted by fleeing on foot, but were subsequently
apprehended at the scene. The trial court convicted both
Valenzuela and Calderon of the crime of consummated
theft. Valenzuela appealed before the Court of Appeals,
arguing that he should only be convicted of frustrated
theft since he was not able to freely dispose of the
articles stolen. The CA affirmed the trial court’s decision,
thus the Petition for Review was filed before the Supreme
Court.
ISSUE: WON petitioner Valenzuela is guilty of
frustrated theft.
HELD:
People v. Dio, L-36461, 29 June 1984, 130 SCRA 151 When by reason or on occasion of an attempted or
FACTS: frustrated robbery a homicide is committed, the person
guilty of such offenses shall be punished by reclusion
temporal in its maximum period to reclusion
perpetua, unless the homicide committed shall deserve a
higher penalty under the provisions of this Code.
FACTS: four defendants committed were armed with People v. Lamahang, L-43530, 3 August 1935, 61 Phil.
handguns and grenade at the time they committed the 703
robbery at the New Iloilo Lumber Yard. Defendant
threatened Severino Choco and her two daughters to give The defendant Aurelio Lamahang is on appeal f
them 20k. They were taken as hostages and defendants rom a decision finding him guilty of attempted robbery.
further requested addtl P 100k as exchange for their At early dawn on March 2, 1935, policeman Jose T
release. omambing, who was patrolling his beat on Delgado and C.R
. Fuentes streets of the City of Iloilo, caughtthe accused
Simultaneously, police have already surrounded the area in the act of making an opening with an iron bar on t
and proceeded to negotiate with them. Defendants agreed he wall of a store of cheap goods located on the last
to receive the P50k and release 2 hostages but refuse to named street.
surrender. Police were forced to assault the place. At that time the owner of the store, Tan Yu, was
sleeping inside with another Chinaman.
ISSUE: The accusedhad only succeeded in breaking one
board and in unfastening another from the wall, whe
1. The lower court erred in holding that the crime charged n the policeman showed up, who instantly arrested him
was consummated and in not holding that the same was and placed him under custody.
merely attempted.
2. The lower court erred in not appreciating the mitigating ISSUE: Won the accused was guilty of attempted robbery
circumstance of voluntary surrender.
Thus, as in the case of People vs. Lamahang, when the
HELD: accused, for the purpose of entering the dwelling of
another broke one board and unfastened another from the
1.The crime is consummated when the robber acquires wall but before he could start entering through the
possession of the property, even if for a short time, and opening thus created he was arrested by a policeman, the
it is not necessary that the property be taken into the crime committed was only attempted trespass to dwelling,
hands of the robber, or that he should have actually because there was something yet for him to do, that is, to
carried the property away, out of the physical presence commence entering the dwelling through that opening in
of the lawful possessor, or that he should have made his order to perform all the acts of execution.
escape with it" (People vs. Quinn, 176 P 2d 404; Woods
vs. State, 220 SW 2d 644; People vs. Beal, 39 P 2d 504; Acts susceptible of double interpretation, that is, in favor
People vs. Clark, 160 P 2d 553). as well as against the accused, and which show an innocent
as well as a punishable act, must not and cannot furnish
2. Anent the second assignment of error, the "surrender" of grounds by themselves for attempted crime.
the Appellant and his co-accused cannot be considered in
their favor to mitigate their liability. To be mitigating, a The crime committed was attempted trespass to dwelling,
surrender must have the following requisites: (a) that because the intention of the accused was obviously
the offender had not been actually arrested; (b) that disclosed by his act of making an opening through the wall,
the offender surrendered himself to a person in and that was to enter the store against the will of its
authority or to his agent; and (c) that the surrender was owner who was then living there. (People vs. Lamahang, 61
voluntary (People vs. Canamo, G.R. No. L-62043, 13 Phil. 703)
August 1985, 138 SCRA 141).
PHYSICAL INJURIES HOMICIDE AND MURDER
The "surrender" by the Appellant and his co-accused
hardly meets these requirements. They were, indeed, People v. Borinaga, G.R. No. 33463, 18 December 1930,
asked to surrender by the police and military authorities 55 Phil. 433
but they refused until only much later when they could no
longer do otherwise by force of circumstances when they FACTS: Harry Mooney contracted Borinaga to build him a
knew they were completely surrounded and there was no fish pond. Upon finishing 2/3 of the said pond, Borinaga
chance of escape. was already claiming his payment to which Mooney refused.
Borinaga then threatened Mooney. After lunch, while
Accused Bienvenido Salvilla alone appeals from the Mooney was sitting on his back, Borinaga stroke him with a
Decision of the Regional Trial Court, Branch 28, Iloilo knife but missed and hit the chair instead.
The foregoing occurrences gave rise to the prosecution of There is proposal when the person who has decided to
Basilio Borinaga in the Court of First Instance of Leyte commit a felony proposes its execution to some other
for the crime of frustrated murder. person or persons.
HELD:
Thus, when A approached B stealthily from behind and
made a movement with his right hand to strike B on the
back with a deadly knife, but the blow, instead of reaching
the spot intended, landed on the frame of the back of the
chair on which B was sitting at the time and did not cause
the slightest physical injury on B, the stage of execution
should have been that of attempted murder only, because
without inflicting a deadly wound upon a vital spot of which
B should have died, the crime of murder would not be
An agreement to commit a crime is a reprehensible act
produced as a consequence.
from the viewpoint of morality, but as long as the
conspirators do not perform overt acts in furtherance of
The homicidal intent of the accused was plainly evidenced.
their malevolent design, the sovereignty of the State is
The attendant circumstances conclusively establish that
not outraged and the tranquility of the public remains
murder was in the heart and mind of the accused. More
undisturbed. However, when in resolute execution of a
than mere menaces took place. The aggressor stated his
common scheme, a felony is committed by two or more
purpose, which was to kill, and apologized to his friends for
malefactors, the existence of a conspiracy assumes pivotal
not accomplishing that purpose. A deadly weapon was used.
importance in the determination of the liability of the
The blow was directed treacherously toward vital organs
perpetrators. (People vs. Peralta, 25 SCRA 759)
of the victim. The means used were entirely suitable for
accomplishment. The crime should, therefore, be qualified
as murder because of the presence of the circumstance of
treachery.