intention to commit a particular and specific felony.
Thus the act of a notorious
ARTICLE 6. STAGES IN THE COMMISSION OF A CRIME (RPC)
I. Introduction: Generation of a Crime
A. The first is the Mental Stage
General Rule: Mental acts such as thoughts, ideas, opinions and beliefs, are not
subject of penal legislations. One may express an idea which is contrary to law,
morals or is unconventional, but as long as he does not act on them or induce
others to act on them, such mental matters are outside the realm of penal law and
the person may not be subjected to criminal prosecution.
B. The Second: The External Stage which is where the accused performs acts which
are observable
1). The Preparatory acts: Acts which may or may not lead to the commission of a
concrete crime. Being equivocal they are not as rule punishable except when
there is an express provision of law punishing specific preparatory acts.
Example: (i) the general rule: buying of a gun, bolo or poison, even if the purpose
is to use these to kill a person; so also with conspiracies and proposals. (ii) the
exception: possession of picklocks and false keys is punished; as with
conspiracies to commit treason, rebellion, sedition and coup d’etat
2) The Acts of execution: the attempted, frustrated and consumated stages
II. Application of Article 6:
Only to intentional felonies by positive acts but not to: (i). Felonies by omission (ii)
Culpable felonies and (iii) Violations of special laws, unless the special law provides
for an attempted or frustrated stage. Examples of the exception are The Dangerous
Drugs Law which penalizes an attempt to violate some of its provisions, and The
Human Security Act of 2007
III. The attempted stage:
"the accused commences the commission of a felonious act directly by overt acts but
does not perform all the acts of execution due to some cause or accident other than
his own spontaneous desistance”
A).(1). The attempt which the Penal Code punishes is that which has a
connection to a particular, concrete offense, that which is the beginning of the
execution of the offense by overt acts of the perpetrator, leading directly to the its
realization and commission (2) The act must not be equivocal but indicates a clear
criminal in following a woman can not be the attempted stage of any felony.
B). Overt or external act is some physical deed or activity, indicating the intention
to commit a particular crime, more than a mere planning or preparation, which if
carried out to is complete termination following its natural course, without being
frustrated by external obstacles nor by the voluntary desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense
C). Examples:
1. The accused pressed a chemically -soaked cloth on the mouth of the
woman to induce her to sleep, while he lay on top of her and pressed his body
to her. The act is not the overt act that will logically and necessarily ripen into
rape. They constitute unjust vexation. ( Note: it would be attempted rape if he
tried to undress the victim or touch her private parts) ( Balleros vs. People,
Feb, 22, 2006)
2. One found inside a house but no article was found on him, is liable for
trespass and not for attempted theft or robbery even if he is a notorious robber
3. One found removing the glass window panes or making a hole in the wall is
not liable for attempted robbery but for attempted trespass
D) The accused has not yet passed the subjective phase or that phase
encompassed from the time an act is executed which begins the commission of
the crime until the time of the performance of the last act necessary to produce
the crime, but where the accused has still control over his actions and their
results.
E).The accused was not able to continue performing the acts to produce the
crime. He was prevented by external forces and not because he himself chose not
to continue. Such as when his weap0n was snatched, or his intended victim
managed to escape, or he was overpowered or arrested.
F). If the accused voluntarily desisted i.e he himself decided not to continue with
his criminal purpose, then he is not liable.
1. Reason: This is an absolutory cause by way of reward to those who, having
set one foot on the verge of crimes, heed the call of their conscience and
return to the path of righteousness. .
2. The reason for the desistance is immaterial
3. Exceptions: when the accused is liable despite his desistance
a). when the act performed prior to the desistance already constituted the
attempted stage of the intended felony. For example: the accused, with
intent to kill, shot at the victim but missed after which he “desisted”, his
acts already constituted attempted homicide
 b). When the acts performed already gave rise to the intended felony. The
decision not to continue is not a legal but factual desistance. As in the case
of a thief who returned what he stole.
c). When the acts performed constitute a separate offense. Pointing a gun
at another and threatening to kill, and then desisting gives rise to grave
threats.
IV. The Frustrated Stage:
the accused has performed all the acts of execution necessary to produce the felony
but the crime is not produced by reason of causes independent of the will of the
accused.
A. The accused has passed the subjective phase and is now in the objective
phase, or that portion in the commission of the crime where the accused has
performed the last act necessary to produce the intended crime and where he has
no more control over the results of his acts.
B. The non-production of the crime should not be due to the acts of the accused
himself, for if it were he would be liable not for the frustrated stage of the intended
crime, but possibly for another offense.
Thus: where the accused shot the victim mortally wounding him, but he himself
saved the life of his victim, his liability is that for serious physical injuries as the
intent to kill is absent.
C. Attempted vs. Frustrated Homicide/murder. Where the accused, with intent to
kill, injured the victim but the latter did not die, when is the crime attempted or
frustrated?
1. First View: “The subjective phase doctrine”. If at that point where the
accused has still control over the results of his actions but is stopped by
reason outside of his own desistance and the subjective phase has not been
passed, the offense is attempted
2. Second View: The Mortal Wound or Life Threatening Injury Doctrine: If a
mortal wound or life threatening injury had been inflicted, the offense is
frustrated, else it is attempted ( Palaganas vs. PP., Sept. 12, 2006)
3. Third View: The belief of the accused should be considered in that if the
accused believed he has done all which is necessary to produce death, then it
is frustrated.
V. Consummated.
When all the elements of the crime are present whether it be the intended crime or a
different crime
VI. Factors to Consider in determining the proper stage
A. The manner of the commission of the crime and how it is defined by the RPC.
Some crimes have only the consumated stage (Formal crimes) such as threats,
coercion, alarms and scandal, slander, acts of lasciviousness. In rape the
gravamen is whether there is penetration or not, no matter how slight, hence rape
is either attempted or consummated.
B. The elements of the felony.
1. Theft: it is consummated once the article is in the material physical
possession of the accused, whether actual or constructive. His ability to
dispose off the thing his immaterial and does not constitute an element.
N.B. Decisions of the CA as to bulky items where the accused must have the
opportunity dispose off or appropriate the articles have already been reversed.
The doctrine now is that theft has no frustrated stage ( Valenzuela vs. PP.
June 21, 2007)
2. Estafa: It is not the material possession but the existence of damage which
consumates the crime.
3. Robbery with Force Upon Things: The thing must be brought out of the
building to consumate the crime
C. The Nature of the Felony Itself
1. Crimes which require the participation of two persons have no frustrated
stage. Examples: Adultery and concubinage; corruption of a public official.
2. There are crimes which are punished according to their results and not the
intention of the accused such as physical injuries.
3. As to Arson: it is consumated once a part of the building is burned. It has
been ruled that if the accused lit certain materials but no part of the building as
burned, the crime is in its frustrated stage and if there was no material which
was as yet lit, then arson is still in its attempted. Thus one who places sacks
soaked in gasoline near the post and lit it but no part of the building was
burned, committed frustrated arson.
(Personal Opinion: there can be no frustrated stage, but only attempted stage
if the fire was not yet applied to the building. But if fire was applied to the
building or a part thereof but no part of the building was burned, then it is
attempted. The only consideration is whether or not the accused succeeded in
burning a part of the building. If no part of the building was burned, it is still
attempted arson no matter how far gone were the acts of the accused).