IMPOSSIBLE CRIME

By: Atty. Karissa Faye R. Tolentino

Can a person be penalized for committing an Impossible Crime?

Article 4(2) of Revised Penal Code (RPC) makes an Impossible Crime a criminal
act. An Impossible Crime is committed 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 an account of the employment of
inadequate or ineffectual means. The penalty for this offense is Arresto Mayor (1
month and 1 day to 6 months) or a fine from P200 to P500. (Article 59, RPC)

Below are a few examples of Impossible Crimes:

Four (4) culprits armed with firearms and with intent to kill Palangpangan went to
the house of the latter. After having pinpointed his house, all four fired their guns
and riddled the house with bullets. It so happened that Palangpangan was not
home that night. The Supreme Court held that the accused are liable for
Impossible Crime. The accused intended to commit murder but there was an
inherent impossibility of committing murder because Palangpangan was not at
home. The court imposed a penalty of 6 months imprisonment. (Intod v. Court of
Appeals, G.R. No. 103119 October 21, 1992)

With intent to kill, the accused tried to poison Juan. But Juan was not poisoned
because unknown to the accused what he mixed with the food of Juan was
powdered milk, not poison. In this case, criminal liability is incurred by the
accused although no crime resulted because his act of trying to poison Juan is
criminal.

A person who tries to murder a dead person is also guilty of an impossible crime.
A dead person cannot be injured or killed. (People vs. Balmores, 85 Phil. 493
(1950))

Another example is man who puts his hand in the coat pocket of another with the
intention to steal the latter's wallet and finds the pocket empty.

The rationale of Article 4(2) is to punish criminal tendencies. The impossibility of

accomplishing the criminal intent is not a defense in the Philippines, but an act
penalized by itself.