Art

CASE 1

Clark steals the chicken of his neighbor and bothered by his conscience return the chicken. What is the
stage of his crime?

Answer

Clark committed a consummated felony.

According to Article 6 of the revised penal code, consummated crime is being committed when all the
elements necessary for its execution and accomplishment are present.

In the case at bar, Clark performed all the requisites to consummate the felony. His conscience as
desistance on his part should have been performed before he stole and brought the chickens home.

Therefore, Clark committed theft.

CASE 2

Dr. Bryan of UC-Med has a wife named Karen. After he gained consciousness, he planned to kill his wife
by poison. Careen was remedied by an antidote from a friend and so Careen survived. If Dr. Bryan will be
criminally liable for his crime. What is the stage of his felonly?

Answer

Dr. Bryan committed a frustrated felony

There is a frustrated felony when the offender performs all acts of execution which would produce
felony as a consequence but which, nevertheless do not produce felony by reason of causes
independent of the will of the perpetrator

In the case at bar, Dr. Bryan had committed a felony but which was not consummated thereof because
his wife Careen had survived the poison remedied by an antidote.

Therefore, Dr. Bryan committed a frustrated parricide.

CASE 3

John plans to poison Julius and so the former put a chemical on the elixir to poison the latter. When
Julius was supposed to drink the elixir with a poison, Julius got a phone call from a friend and so he was
not able to drink the elixir. If John is found guilty of his acts, what is the stage of his felony?

Answer

John commits an attempted felony

Attempted felony commences the commission of crime directly by overt acts to produce felony, but
which does not perform all acts of execution which would produce felony as a consequence by reason of
some causes or accident other than his own spontaneous desistance.

From the scenario, The plan of John which is to poison Julius was being manifested through putting a
chemical on the elixir although the former by his overt acts have not perform all the acts of execution to
poison the latter, the former commits felony when his overt acts, as alleged, will held thereof to be
criminally liable.

Therefore, John committed an attempted murder.

When was intent to kill necessary?

Intent to kill is necessary when the felony has not been consummated and when felony is directly shown
by overt acts *(Ann v. Veron) (sample ra..provide basis like for example in the case of..)

Art 7

CASE 4

Ruel sliced the hand of Rey. What is the stage of his offense?

Is Ruel criminally liable?

Yes. Ruel committed a consummated felony and is criminally liable.

A light felony can only be punishable when it is consummated, except when it is a crime against person
and property (the exception refers to the degree of commission like murder and theft)

When intent to kill is set aside there is only slight or less serious physical injury. If Rey was not hit by
Ruel then there is no injury and even if Rey wouldn’t be hit, there was an intent to kill by Ruel shown by
his overt acts such as slicing of the hand but the intent to kill in this case is immaterial, hence the felony
was consummated.

Ruel committed a slight physical injury and is punishable for his offense.

Art 8

CASE 5

Peter, James and John plan to rob Stephen. Peter and James proceeded to rob the house of Stephen
while John being undecided did not participate because of his spontaneous desistance. What are the
respective charges?

Answer

Peter and James committed theft while John committed an attempted theft

(note: no such thing as frustrated theft)

Legal basis: Definition of Conspiracy

Note: There is an implied conspiracy when the agreement cannot be determined and the acts of
principals who are the authors of the crime cannot be determined as well which has been based from
the crimes committed by principals with set level of presumptions of proving the crime or guilt beyond
reasonable doubt.

When a person withdraws there is no more conspiracy because of desistance and there must be an
agreement and decision to commit the felony.

Differentiate implied, chain and willed conspiracy. (Definitions from RPC by Reyes book as suggested)

When does conspiracy becomes a crime?

-When crime is committed by treason or rebellion.

Proposal and Conspiracy

- Is not a crime unless there is a law that punishes it.

- An incurring liability when it is consummated and when such is committed

Art 9

(with reference to Art 25 of RPC as to classification of penalties)

Grave- Afflictive (Prision Mayor- Death)

Less Grave- Correctional (Destierro, Suspension, Arresto Mayor, Prision Correctional)

Light- Public Censure- Aresto Menor



Art 10

Offenses which are in the future punishable by penal laws are not subject to the provisions of this code,
the code shall be supplementary to such laws unless the latter should specially provide the contrary.

The suppletory effect

RPC also an amendment of Special laws except when such is an amendment of RPC