Name: ENRICO R REYES

Term & Subject: Midyear/CRIMINAL LAW

1.2 LEARNING ACTIVITY LESSON 2: STAGES IN THE COMMISSION OF

FELONIES

1. A and B went on a drinking spree. While they were drinking, they had some
argument so A stabbed B several times. A’s defense is that he had no intention of
killing his friend and that he did not intend to commit so grave a wrong as that
committed. Is praeter intentionem properly invoked?

Answer:
No, the lack of intention to commit so grave a wrong as that committed cannot be
appreciated in favor of A who used a brute force -stabbing B several times. The means
(stabbing B several times) used to commit the desired crime would logically and
naturally bring about the actual felony (killing), hence, praeter intentionem does
not apply.

2. Identify five crimes that do not admit a frustrated stage in its commission and
briefly discuss the reason why.

Answer:
In frustrated crimes, the offender has already performed the acts of execution hence
nothing more is left to be done by the offender because he has performed the last act
necessary to produce the crime. Thus, the felony is already consummated in the
following crimes:
a. Rape – the gravamen of the offense is carnal knowledge, hence, the slightest
penetration to the female organ consummates the felony.

b. Arson – the moment the burning property occurs, even if slight, the offense is
consummated.

c. Corruption of Public Officers – mere acceptance of the offer consummates the

crime.

d. Physical injury – consummated at the instance the injuries are inflicted.

e. Theft – the essence of the crime is the possession of the thing, once the thing
has been taken or in the possession of the person, the crime is consummated.
3. Buddy always resented his classmate, Jun. One day, Buddy planned to kill Jun by
mixing poison in his lunch. Not knowing where he can get poison, he approached
another classmate Jerry to whom he disclosed his evil plan. Because he himself
harbored resentment towards Jun, Jerry gave Buddy a poison, which Buddy placed on
Jun's food. However, Jun did not die because, unknown to both Buddy and Jerry, the
poison was actually powdered milk. What crime or crimes, if any, did Jerry and Buddy
commit?

Answer:
Jerry and Buddy incurred criminal liability for an impossible crime of murder. According
to Art.4, par.2 of the Revised Penal Code, criminal liability shall be incurred by any
person performing an act which would be an offense against person or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment
of inadequate or ineffectual means. In the problem given, the impossibility of
accomplishing the crime of murder, a crime against persons, was due to the
employment of ineffectual means which Buddy and Jerry thought was poison. The law
imputes criminal liability to the offenders although no crime resulted, only to suppress
his criminal propensity because subjectively, he is a criminal though objectively, no
crime was committed.