STAGES OF EXECUTION OF MATERIAL CRIMES CONSUMMATED FRUSTRATED When all the elements necessary for its execution and

d accomplishment are present Elements: 1. Offender performs all the acts of execution 2. Which would produce a felony as a consequence 3. BUT felony is not produced 4. By reason or causes independent of the will of the offender

ATTEMPTED Elements: 1. Offender commences the commission of the felony directly by over acts 2. Does not perform all the acts which should produce the felony 3. Nonperformance was due to cause or accident other than the offenders own spontaneous desistance

JUSTIFYING CIRCUMSTANCES: CIRCUMSTANCE 1.Self-defense

2.Defense of Relative

3.Defense of Stranger

4.Avoidance of greater evil or injury

5.Fulfillment of duty or lawful exercise of right or office 6.Obedience to an order issued for some lawful purpose 7.Absolutory cause

REQUISITES a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. Lack of sufficient provocation on the part of the person defending himself. a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. In case the provocation was given by the person attacked, the one making the defense had no part therein. a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. The person defending was not induced by revenge, resentment or other evil motive a. Evil sought to be avoided actually exists b. Injury feared be greater than that done to avoid it c. No other practical and less harmful means of preventing it a. Acted in the performance of a duty or lawful exercise of right or office b. Necessary consequence a. Order issued by a superior b. Order is for some lawful purpose c. Means used is lawful a.