ART.6.
Consummated, frustrated, and attempted IN THE DEVELOPMENT OF A CRIME WE HAVE
felonies. — Consummated felonies as well as
those which are frustrated and attempted, are
punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs
all the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will
of the perpetrator.
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than this own spontaneous desistance.
Two Phases in the Commission of the Crime:
1. Subjective Phase - portion in the commission of the
act wherein the offender commences the commission of
the crime after the time that he still has control over his
acts. He may or may not proceed in the commission of
the crime. He still has control over his acts.
2. Objective Phase - from the moment the offender
uses control over his acts it is already in the objective
phase of the commission of the crime.
BOTH THE INTERNAL AND EXTERNAL ACT
1. Internal Acts - are not punishable. Mere criminal
thoughts will never give rise to criminal liability. There
must be an external act.
2. External Act - includes preparatory acts and acts of
execution
a. Preparatory Acts - as a rule are not yet punishable
because they are not yet connected to a particular
felony.
Ex. Conspiracy to commit a crime, proposal to commit a
crime -> merely preparatory acts. Hence, as a rule they
are not punishable
b. Acts of Execution - this is the actual act of
committing the crime and we have 3 stages, attempted,
frustrated and consummated.
ATTEMPTED STAGE
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than this own spontaneous desistance.
the offender is still in the subjective phase, the offender
has still control over his acts, he may proceed in the
commission of the crime or he may desist. The moment
he desist on his own spontaneous desistance then he
will no longer be held criminally liable.
Desistance negates criminal liability in the attempted
stage but not in the frustrated or consummated stage.
The offender commences the commission of the felony
directly by overt acts.
The attempted felony that is punished by law is one
that is directly connected to the overt act performed by
the offender even if he has a different crime in mind.
Elements:
1. The offender commences the commission of the
felony directly by overt act
2. That he does not perform all acts of execution that
would have produced the felony
3. That his act was not stopped by his own
spontaneous desistance
4. That he was not able to perform all acts of execution
by reason of some cause or accident other than his own
spontaneous desistance
OVERT ACT - refers to any external act which if
allowed to continue will naturally and logically ripen into
a crime. What the law requires is that the overt act
must be directly connected to the intended felony. The
offender commences the commission of the crime
directly by overt act.
DIRECTLY BY OVERT ACT - means that the overt act
performed by the offender must be directly connected
to the intended felony. The attempted felony that is
punished by law is one which is directly connected to
the over act performed by the offender although he has
admitted the crime.
INDETERMINATE OFFENSE - the overt act of a
person in relation to the intended felony is ambiguous.
It is necessary that the OA must be necessarily
connected to the felony. Only then he will be punished
of the said attempted felony.
.
FACTORS TO BE CONSIDERED IN INTENT TO KILL:
1. Evidence of motive
2. The nature and number of weapons used by the
offender
3. The nature, number and location of the wounds
inflicted on the victim
4. Manner of committing the crime
5. Acts and statements made by the offender before,
during and after the commission of the crime
SC:
1. There was an altercation, day prior to the said act
was committed, therefore the motive was to kill the
victim
2. They mauled him all at the same time, he was totally
defenseless
3. Wounds inflicted were only superficial but the SC said
that was is because of the sudden arrival of the police
4. They were all in conspiracy with one another 5.
Hence, it is attempted murder and not merely a slight
physical injury
Q: A shot B. B evaded the blow. He was not hit. What
crime was committed?
A: The crime committed was attempted homicide or
murder as the case may be. Even if the victim was not
hit, since the act of discharging the firearm was with
intent to kill the victim, it was already in the attempted
stage. Such act of firing the fire arm was already an OA
directly connected to the act of homicide or murder as
the case may be.
Q: A shot B with intent to kill, B sustained a wound, so
he was hit. However, the wound sustained by B was a
non- fatal wound. What crime was committed by A
against B?
A: Attempted homicide or murder as the case may be.
Because the wound sustained was not fatal or non-
mortal. It requires another act for the crime to be
consummated. No one would die by a non-mortal or
non-fatal wound.
Q: A shot B with intent to kill. B was hit on a vital organ.
So he sustained a fatal, mortal wound. However, he
survived due to a immediate medical intervention. What
crime was committed by A against B?
A: It is already frustrated homicide or murder as the
case may be.
Attempted Felony vs Frustrated Felony
In the attempted felony, the offender merely
commences the commission of the felony by overt acts.
In a frustrated felony, the offender has already
performed all the acts of execution.
In an attempted felony, the felony was not
consummated by reason of some cause or accident
other than the offender's spontaneous desistance. In a
frustrated felony, the felony was not consummated by
reason f some cause independent of the will of the
perpetrator.
In an attempted felony, the offender is only in the
subjective phase of the felony. He still has control over
his acts. Whereas in the frustrated stage of committing
a felony, the offender is already in the objective phase
of committing the felony. He no longer has any control
over his acts.

FRUSTRATED STAGE
when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.
Q: A wanted to kill his own father to get his inheritance
immediately and wanted to be rich. Went to drug store
and bought poison. Before going home, he went to the
house of his friend and told his friend "tonight I will be
rich, I will be poisoning my father, I will be a
millionaire." After telling that to his friend, A ran to his
house. Upon reaching his house he was already taking
the poison out of the plastic. Meanwhile, the friend went
to the police and told plan of A to kill the father. The
friend and the police went to the house of A and the
father. Upon reaching the house, they saw A in the act
of taking out the said poison from the plastic bag. A
was arrested. Is A liable of attempted parricide?
A: No. He is not yet liable of attempted parricide. The
act of buying poison, taking out of the plastic are only
preparatory act. It is not yet an OA directly connected
to parricide. He may use the poison not really to kill the
father, he may use it to kill insects or pests. Therefore,
he cannot be liable of attempted parricide.
CONSUMMATED FELONY
Example:
X saw his enemy Y. He went to his house to get his
pistol, pointed the gun at the head of Y and pulled the
trigger. However the gun jammed, no bullet came out.
X is liable of attempted homicide.
The act of X of pointing the gun and pulling the trigger
with intent to kill are overt acts directly connected to
homicide. He was unable to perform all the acts of
execution because it is purely accidental that the gun
did not fire. It was not by reason of his desistance.
Therefore, he is liable for attempted homicide.
Same problem:
Q: With intent to kill X pointed the gun to Y. He pulled
the trigger, no bullet came out. He again pulled the
trigger but no bullet came out. Then he looked at the
gun, it was unloaded. Is X liable of attempted homicide?
A: X is liable of an impossible crime. It is not attempted
homicide because when the gun has no bullet, there is
inherent impossibility to consummate the crime. Here,
what is present is physical or factual impossibility
unknown to the offender. There was physical
impossibility and the same was not known to the
offender. Under any and all circumstances, it will never
fire. Hence, what we have now is an impossible crime
and not anymore an attempted felony.
Impossible Crime v. Attempted Felony

Impossible Attempted Q: X in the

Crime Felony course of a ART. 7. When light felonies are punishable. —
The act of The act of fight stabbed Light felonies are punishable only when they have
execution of the execution is Y but Y was been consummated, with the exception of those
felony is not possible of able to evade. committed against person or property.
possible of accomplishment. What crime is
accomplishment committed by GR: Light felonies are punishable only when they are
The act was not The act was not X? on their consummated stage.
accomplished consummated
because of by reason of A: Attempted XPN: Against person or property
inherent some cause or homicide. The
impossibility accident other act of X in Art. 8. Conspiracy and proposal to commit felony.
than offender’s trying to stab — Conspiracy and proposal to commit felony are
spontaneous Y with the use punishable only in the cases in which the law
desistance of a knife is specially provides a penalty therefor.
an overt aft
directly connected to homicide yet he was not able to A conspiracy exists when two or more persons
perform all the acts of execution because it was purely come to an agreement concerning the
accidental that Y was able to evade the blow. commission of a felony and decide to commit it.

Q: Y was hit and sustained a wound. The wound was in There is proposal when the person who has
the chest. Doctor said that it would heal within a period decided to commit a felony proposes its execution
of 60days. What crime was committed? to some other person or persons.

A: Attempted homicide. The act of stabbing Y and
hitting him with the effect of Y sustaining a wound
which would heal within 60days are overt acts directly
connected with the crime of homicide. However, he was
not able to perform all the acts of execution because
the wound he inflicted on Y is a non-fatal wound.
Conspiracy is a bilateral act. The must be at least 2
persons who agreed to the commission of the crime.
Proposal to commit a crime is a unilateral act. Only 1
person who has decided to commit the felony proposes
it to another person. Is that another person agreed to
the commit the crime, there is now conspiracy.

Conspiracy as rule is not a punishable act, likewise
proposal to commit a crime is not a punishable act
because they are mere preparatory acts.
Exception to the rule as provided for in the first
paragraph of Art 8 when the law specially provides a
penalty therefore. When the law specially provides a
penalty for the mere conspiracy or for mere proposal
then conspiracy and proposal to commit a crime are
crimes by themselves. They are punishable act.
If conspiracy or proposal to commit a crime are
provided in penalties by law, it is not necessary that
there be an overt act committed. The mere act of
conspiring or proposing will already give rise to a crime.
Ex. conspiracy to commit treason, rebellion, sedition. In
SPL conspiracy to commit terrorism. It is mot
necessary that there be overt acts. They are punishable
acts by themselves.
CONSPIRACY AS A MEANS OF COMMITTING A
CRIME
If conspiracy is only a means of committing a crime it is
not yet a punishable act. The mere act of conspiring
will make the offenders co-conspirators but they are
not yet punishable, they are not yet criminally liable.
TWO KINDS:
1. Direct or Express Conspiracy - when the
offenders or conspirators met, planned, agreed,
decided to commit a crime.
There is a preconceived plan prior to the commission of
the crime. For one to be criminally liable, it is necessary
that he is not only a part of the agreement, he must
also be present at the time of the commission of the
crime. Even if he is part of the agreement if at the time
of the commission of the crime he failed to appear, such
failure on his part to appear at the scene of the crime
would be construed by law as a desistance. Therefore,
even if he part of the agreement he will not be liable as
a conspirator.
Ex. A, B and C decided to kill X on a particular date and
time. Onthe said date and time, A and B arrived and
killed X. However, C failed to appear.
Although C was part of the agreement , he cannot be
held criminally liable as a conspirator for the crime of
murder because he failed to appear at the scene of the
crime. His failure to appear is construed by law as a
desistance on his part.
In the same problem but all were present. A and B
were about to kill X but C performed acts preventing A
and B from committing the crime.
Although C was a conspirator, part of the agreement,
although he appeared at the scene of the crime. Since C
performed acts trying to prevent A and B from
committing the crime, he cannot be held criminally
liable as a conspirator for the crime of murder in the
said case.
For a conspirator to be held liable, he must be part of
the agreement and he must be present at the scene of
the crime to commit the crime. His failure to appear is
desistance and therefore, he cannot be held criminally
liable. Likewise even if he appeared at the scene of the
crime but he performed acts to prevent others from
committing the crime, he is also not criminally liable.
Q: A, B and C decided to injure X to teach him a lesson.
When X arrived, they surrounded him, boxed, punched,
hit X. While X was lying on the ground, seriously
wounded, A inflicted a fatal wound by kicking the neck
of X. X died. Who is liable for the death of X?
A: All of them are criminally liable for the death of X.
They all agreed to injure X. That was their agreement.
The death of X however was the natural consequence of
their agreement to injure X. Therefore, even if it is not
their intended act, since it is the natural consequence of
the crime, they are all criminally liable for the death of
X.
Q: A, B and C decided to rob the house of X. They went
inside the house of X. They have already taken the
valuables. On their way out however, C pushed a chair.
The chair fell on floor and created a noise. The owner of
the house was awakened and began shouting upon
seeing A, B and C. C shot the owner of the house. The
owner died.
What is or are the criminal liabilities of A, B and C? Who
is liable for the death of X? Are all of them liable for the
death of X or is it only C?
A: The crime agreed upon was robbery. However, by
reason or on the occasion of robbery, homicide was
committed. Therefore, the resulting felony is a special
complex crime. Under Art. 294, it is robbery with
homicide. Since the resulting felony is a special complex
crime, which cannot be separated from each other, all
of them can be held criminally liable of the special
complex crime of robbery with homicide. Thus, based
from the examples given, in case of direct or express
conspiracy, the conspirators are liable only for the crime
agreed upon.
XPNS:
1. When the other crime was committed in the presence
of the other conspirators and they did not perform acts
to prevent its commission.
2. When the other crime committed was the natural
consequence of the crime agreed upon.
3. When the resulting crime is a composite crime or a
special complex crime or a single indivisible complex
crime.
Under the exceptions, the other conspirators are liable
for the crime committed although not agreed upon.
In case of direct or express conspiracy, for one to be
conspirator, it is not necessary that he actually
participate in the actual execution of the crime. The
participation of the conspirator may be direct or indirect
in the execution of the crime. Since there was a prior
agreement, mere presence at scene of the crime, mere
exercise of moral ascendancy over the others will
already bring about criminal liability as a conspirator
because there was a prior agreement, there was a pre
conceived plan.
2. Implied or Inferred Conspiracy - deduced from
the mode and manner of committing the crime, there is
no pre conceived plan but the offenders acted
simultaneously in a synchronized and coordinated
manner, their acts complimenting one another towards
a common criminal objective or design. They are all
liable as conspirators.
It may happen that the conspirators do not know each
other. Since the offenders acted in a synchronized and
coordinated manner, a conspiracy was established
instantly, impulsively, at the spur of the moment.
Q: X was trying to stab Y. Y evaded all the blows. Z
saw that X was having a hard time stabbing Y. Z was
an enemy of Y. So Z went at the back of Y and held
both hands of Y at the back and told X to stab Y which
X did. Is Z a conspirator of X?
A: Yes. An implied conspiracy was established,
instantly, impulsively, at the spur of the moment.
There was no pre conceived plan but the act of Z of
holding the hands of Y is a direct and positive overt act
showing that he has the same criminal design as That
of X which is to kill Y.
TWO KINDS OF MULTIPLE CONSPIRACY
1. Wheel or Circle Conspiracy
When a single person or group of persons known as a
hub, deals individually with another person or group of
persons known as the spokes.
2. Chain Conspiracy
Usually involving the distribution of narcotics or other
contraband, in which there is successive communication
and cooperation in much the same way as with
legitimate business operations between manufacturer
and wholesaler, then wholesaler and retailer, and then
retailer and consumer.
Section 26 of RA 9165
As held in the case of People v. Morillo, it is the law
itself that provides that there is mere conspiracy in the
act of transporting dangerous drugs. Among the acts
specified in RA 9165 wherein conspiracy would lie is in
case of transportation of dangerous drugs.
ART. 9. Grave felonies, less grave felonies and
light felonies. — Grave felonies are those to which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art.
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
3 kinds of felonies according to severity
1. Grave felonies
2. Less grave felonies
3. Light felonies
ART. 10. Offenses not subject to the provisions of
this Code. — Offenses which are or in the future
may be punishable under special laws are not
subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the
latter should specially provide the contrary.
Q: What if a person convicted of a violation of a SPL? A
issued a check to B for payment of an obligation. B
deposited but the check bounced. Notice of dishonor
was sent. After the trial on the merits, A was found
guilty of the violation of BP 22 beyond reasonable doubt.
Fine and payment of the value of the check. The court
said in case of non- payment of the fine, the said
convict shall suffer subsidiary imprisonment.
Is the Judge correct? Can a person who violated a SPL
and was imposed with fine be made to suffer subsidiary
imprisonment in case of non-payment of fine?
Subsidiary imprisonment is under Art. 39 of the RPC.
Can you apply the RPC to violations of SPL?
A: Yes because of Art. 10. As a rule, the RPC shall apply
suppletorily or supplementarily to the provisions of SPL
unless the SPL provides otherwise.
Example of "unless"
Sec. 98 of RA 9165. It is expressly provided that the
provisions of the RPC shall not apply to the violations
RA 9165 or the 2002 Comprehensive Dangerous Drugs
Act. The law uses the word shall. XPN: If the offender is
a minor. In that case if the minor is penalized with life
imprisonment to death, it will be considered as
reclusion perpetua to death and the nomenclature of
the penalties in the RPC will now be applied
If the law expressly provides that the RPC shall not
apply in a supplementary manner, then it will not.

Section 98 of RA 9165

It is expressly provided that the provisions of the RPC

shall not apply to violations of RA 9165 except when the
offender is a minor offender.