CRIMINAL LAW 1

Impossible Crime were it not for the timely medical attention

given to him. Is Olarte, Ario, and Pasquin guilty
- Act performed would be an Offense against Persons
of Frustrated Homicide?
or Property
A: YES. All the elements of frustrated homicide are
Against Person
present. First, their intent to kill is manifested by
Ex: Murder, Homicide, Infanticide and Physical
the weapon used which is a pointed sharp object.
Injuries, rape
Second, the victim suffered numerous fatal
Against Property
wounds, but he did not die due to the timely
Ex: Robbery, theft, brigandage, estafa and malicious
medical assistance given to him. Third, none of the
mischief.
qualifying circumstances for murder is present
- Done with Evil Intent
- Accomplishment is Inherently Impossible or means
Note: Crimes without frustrated stage
employed is either inadequate or ineffectual.
1. Rape
- Act performed should NOT constitute a violation of
2. Corruption of public officers
another provision of the RPC.
3. Physical Injury
NOTE: The offender must believe that he can consummate the 4. Adultery
intended crime. A man stabbing another who he knew was 5. Theft
already dead cannot be liable for an impossible crime.
3. Attempted
NOTE: There is no impossible crime of kidnapping. o There is an attempt when the offender
commences the commission of a felony directly by
overt acts and does not perform all the acts of
Kind of Felonies based on the stage of their execution execution which should produce the felony, by
reason of some cause or accident other than his
1. Consummated
own spontaneous desistance. (Art. 6, RPC)
o A felony is consummated when all the acts
necessary for its accomplishment and execution
are present. (Art. 6, RPC)
Conspiracy
2. Frustrated - Exists when two or more persons come to an
agreement concerning the commission of a felony
A felony is frustrated when the offender performs and decide to commit it.
all the acts of execution which would produce the
felony as a result, but which nevertheless do not Requisites of Conspiracy
produce it by reason of causes independent of the 1. Two or more persons came to an agreement;
will of the perpetrator. (Art. 6, RPC) 2. Agreement concerned the commission of a
Q: X stabbed Y in the abdomen penetrating the crime; and
liver and chest of Y. Y was rushed to the 3. Execution of a felony was decided upon.
hospital, was given immediate medical
Exemption to conspiracy
treatment, and survived. Is X liable for
consummated homicide? 1. Rebellion
A: NO, because the prompt medical treatment 2. Sedition
received by the offended party saved his life. 3. Treason
(People v. Honrada, G.R. No. 112178-79, 21 Apr. 4. Coup d’etat
1995)
Q: Villostas went to a nearby videoke bar to Elements of self defense and requisites of self defense
buy cigarettes. Once inside the bar, he was
stabbed by Olarte, Ario, and Pasquin on
different parts of his body. When Villostas was
rushed to the hospital, he was treated and the
doctor testified that all the injuries suffered by
Villostas were fatal and would cause his death