Art. 6. Consummated, frustrated, and attempted 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 by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his
own spontaneous desistance.

Development of a crime

1. Internal acts – intent and plans; usually not punishable

2. External acts
a. Preparatory Acts – acts tending toward the crime
b. Acts of Execution – acts directly connected the crime

Mere intention is therefore, not punishable. For as long as there is no physical form of
the internal acts, the same is outside the inquiry of criminal law.

Stages of Commission of a Crime

Attempt Frustrated Consummated
 Overt acts of  All acts of execution are  All the acts of
execution are started present execution are
 Not all acts of  Crime sought to be present
execution are present committed is not  The result sought
 Due to reasons other achieved is achieved
than the spontaneous  Due to intervening
desistance of the causes independent of
perpetrator the will of the
perpetrator

There are three stages in the commission of felonies or crimes committed by means of
dolo. Again, they do not refer to felonies committed by means of culpa. It is essentially
incompatible with the elements of negligence as another means to commit felony.

Desistance

Desistance on the part of the offender negates criminal liability in the attempted stage.
Desistance is true only in the attempted stage of the felony. If under the definition of the

Criminal Law 1 Notes ©Atty. JGPA Page 1

felony, the act done is already in the frustrated stage, no amount of desistance will
negate criminal liability.

The spontaneous desistance of the offender negates only the attempted stage but not
necessarily all criminal liability. Even though there was desistance on the part of the
offender, if the desistance was made when acts done by him already resulted to a
felony, that offender will still be criminally liable for the felony brought about his act.
What is negated is only the attempted stage, but there may be other felony constituting
his act.

The desistance referred to under Article 6 has reference to the crime intended to be
committed. It has no reference to the crime actually committed by the offender before
the desistance.

THREE CRITERIA IN DECIDING WHETHER A FELONY IS ATTEMPTED OR

FRUSTRATED OR CONSUMMATED

 The manner of committing the crime;

 The elements of the crime; and

 The nature of the crime itself.

Stages of a Crime does not apply in

1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for.

2. Formal crimes (e.g., slander, adultery, etc.)

3. Impossible Crimes

4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy

country, treason, corruption of minors.

5. Felonies by omission

6. Crimes committed by mere agreement. Examples:

In criminal law, you are not allowed to speculate, not to imagine what crime is intended,
but apply the provisions of the law on the facts given.

Criminal Law 1 Notes ©Atty. JGPA Page 2

Test to determine whether attempted or frustrated stage

(a) Subjective phase – is the portion of the execution of the felony starting from the
point where he has control over his acts. If it reaches the point where he has no
more control over his acts.

(b) Objective phase – is the period of time where the subjective phase has ended
and where the offender has no more control over the effects of his criminal acts.

The first test is what we call the subjective phase. The second test is what is referred to
as the objective phase. When the subjective and objective phases in the commission of
the crime are both present, there is a consummated felony.

For as long as he has control over his acts, the subjective phase in the commission of
the crime is not yet over. If a person while performing acts that are within the subjective
phase is interrupted such that he is not able to perform all acts of execution, the crime
committed would be attempted.

If the subjective phase is completed or has already passed, but the felony was not
produced nonetheless, the crime committed as a rule would be frustrated.

 Applications:
a. A put poison in B’s food. B threw away his food. A is liable - attempted murder.1

b. A stole B’s car, but he returned it. A is liable - (consummated) theft.

c. A aimed his gun at B. C held A’s hand and prevented him from shooting B -
attempted murder.

d. A inflicted a mortal wound on B. B managed to survive - frustrated murder.

e. A intended to kill B by shooting him. A missed - attempted murder.

f. A doused B’s house with kerosene. But before he could light the match, he was
caught - attempted arson.

g. A cause a blaze, but did not burn the house of B - frustrated arson.

h. B’s house was set on fire by A - (consummated) arson.

i. A tried to rape B. B managed to escape. There was no penetration - attempted

rape.

1
The difference between murder and homicide will be discussed in Criminal Law II. These crimes are
found in Articles 248 and 249, Book II of the Revised Penal Code.

Criminal Law 1 Notes ©Atty. JGPA Page 3

 j. A got hold of B’s painting. A was caught before he could leave B’s house -
frustrated robbery.2

Art. 7. When light felonies are punishable. -- Light felonies are punishable only
when they have been consummated with the exception of those committed
against persons or property.

General Rule: Light felonies are punishable only when they have been
consummated.

Exceptions: Light felonies committed against:

(a) persons, or
(b) property

A light felony is a violation of a penal law which is punished by a penalty of

imprisonment of not more than thirty days or arresto menor or a fine of not more than
P200.00 or both, upon the discretion of the court.

Examples of light felonies: slight physical injuries; theft(php 5.00 or less); alteration of
boundary marks; alarms and scandals; simple slander; malicious mischief(not exceed
php 200.00); and intriguing against honor.

In commission of crimes against properties and persons, every stage of execution is

punishable but only the principals and accomplices are liable for light felonies,
accessories are not.

Art. 8. Conspiracy and proposal to commit felony. -- Conspiracy and proposal to

commit felony are punishable only in the cases in which the law specially
provides a penalty therefore.

A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.

General Rule: Conspiracy and proposal to commit a felony are not punishable.

Exception: When the law specially provides a penalty therefor.

The difference between theft and robbery will be discussed in Criminal Law II. These crimes are found
in Title Ten, Chapters One and Three, Book II of the Revised Penal Code.

Criminal Law 1 Notes ©Atty. JGPA Page 4

 1. conspiracies punished by RPC
1. conspiracy to commit treason (Art 115)
2. conspiracy to commit rebellion (Art 136)
3. conspiracy to commit sedition (Art 141)

2. Proposals punished in the code

1. proposal to commit treason (Art 115)
2. Proposal to commit rebellion (Art 136)

3. conspiracies punished by special laws

1. commonwealth act no 616 sec. 5
2. RA 1700

When the conspiracy relates to a crime actually committed, it is not felony but only a
manner of incurring criminal liability, that is, when there is conspiracy, the act of one is
the act of all.

All the conspirators who carried out their plan and personally took part in its execution
are equally liable.

Conspiracy arises on the very instant the plotters agree, expressly or impliedly, to
commit the felony and forthwith decide to pursue it.

The crimes in which conspiracy and proposal are punishable are against the security of
the State or economic security.

Conspiracy is punishable in the following cases: treason, rebellion or insurrection,

sedition, coup d’ etat, arson(PD 1613) and monopolies and combinations in restraint of
trade.

Conspiracy to commit a crime is not to be confused with conspiracy as a means of

committing a crime. In both cases there is an agreement but mere conspiracy to commit
a crime is not punished EXCEPT in treason, rebellion, or sedition. Even then, if the
treason is actually committed, the conspiracy will be considered as a means of
committing it and the accused will all be charged for treason and not for conspiracy to
commit treason.

Conspiracy and Proposal to Commit a Crime

Conspiracy Proposal
Elements  Agreement among 2 or  A person has decided to commit
more persons to commit a crime
a crime  He proposes its commission to
 They decide to commit it another

Criminal Law 1 Notes ©Atty. JGPA Page 5

 Crimes 1. Conspiracy to commit 1. Proposal to commit treason
sedition 2. Proposal to commit rebellion or
2. Conspiracy to commit insurrection
rebellion
3. Conspiracy to commit
treason

In proposal, only the person proposing or the proponent is criminally liable

Requisites of Conspiracy

 There is an agreement.

 The participants acted in concert or simultaneously which is indicative of a

meeting of the minds towards a common criminal goal or criminal objective.
When several offenders act in a synchronized, coordinated manner, the fact that
their acts complimented each other is indicative of the meeting of the minds.
There is an implied agreement.

Two kinds of conspiracy

1. Conspiracy as a crime; and

2. Conspiracy as a manner of incurring criminal liability

When conspiracy itself is a crime, no overt act is necessary to bring about the criminal
liability. The mere conspiracy is the crime itself. This is only true when the law
expressly punishes the mere conspiracy; otherwise, the conspiracy does not bring
about the commission of the crime because conspiracy is not an overt act but a mere
preparatory act. Treason, rebellion, sedition, and coup d’etat are the only crimes where
the conspiracy and proposal to commit to them are punishable.

When the conspiracy is only a basis of incurring criminal liability, there must be an overt
act done before the co-conspirators become criminally liable.

When the conspiracy itself is a crime, this cannot be inferred or deduced because there
is no overt act. All that there is the agreement. On the other hand, if the co-conspirator
or any of them would execute an overt act, the crime would no longer be the conspiracy
but the overt act itself.

If the conspiracy is only a basis of criminal liability, none of the co-conspirators would be
liable, unless there is an overt act. So, for as long as anyone shall desist before an
overt act in furtherance of the crime was committed, such a desistance would negate
criminal liability. For as long as none of the conspirators has committed an overt act,
there is no crime yet. But when one of them commits any overt act, all of them shall be

Criminal Law 1 Notes ©Atty. JGPA Page 6

held liable, unless 1)a co-conspirator was absent from the scene of the crime or 2)he
showed up, but he tried to prevent the commission of the crime

As a general rule, if there has been a conspiracy to commit a crime in a particular place,
anyone who did not appear shall be presumed to have desisted. The exception to this
is if such person who did not appear was the mastermind.

conspiracy as a crime, must have a clear and convincing evidence of its existence.
Every crime must be proved beyond reasonable doubt.

When the conspiracy is just a basis of incurring criminal liability, however, the same
may be deduced or inferred from the acts of several offenders in carrying out the
commission of the crime. The existence of a conspiracy may be reasonably inferred
from the acts of the offenders when such acts disclose or show a common pursuit of the
criminal objective.

Conspiracy is a matter of substance which must be alleged in the information,

otherwise, the court will not consider the same.

A conspiracy is possible even when participants are not known to each other.

Proposal is true only up to the point where the party to whom the proposal was
made has not yet accepted the proposal. Once the proposal was accepted, a
conspiracy arises. Proposal is unilateral, one party makes a proposition to the
other; conspiracy is bilateral, it requires two parties.

There is conspiracy when the offenders acted simultaneously pursuing a common

criminal design; thus, acting out a common criminal intent.

Even though there was conspiracy, if a co-conspirator merely cooperated in the

commission of the crime with insignificant or minimal acts, such that even without his
cooperation, the crime could be carried out as well, such co-conspirator should be
punished as an accomplice only.

When the conspiracy is only a basis of incurring criminal liability, there must be an overt
act done before the co-conspirators become criminally liable.

When the conspiracy itself is a crime, this cannot be inferred or deduced because there
is no overt act. All that there is the agreement. On the other hand, if the co-conspirator
or any of them would execute an overt act, the crime would no longer be the conspiracy
but the overt act itself.

Criminal Law 1 Notes ©Atty. JGPA Page 7

Composite crimes

Composite crimes are crimes which, in substance, consist of more than one crime but in
the eyes of the law, there is only one crime. For example, the crimes of robbery with
homicide, robbery with rape, robbery with physical injuries.

In case the crime committed is a composite crime, the conspirator will be liable for all
the acts committed during the commission of the crime agreed upon. This is because,
in the eyes of the law, all those acts done in pursuance of the crime agreed upon are
acts which constitute a single crime.

As a general rule, when there is conspiracy, the rule is that the act of one is the act of
all. This principle applies only to the crime agreed upon.

The exception is if any of the co-conspirator would commit a crime not agreed upon.
This happens when the crime agreed upon and the crime committed by one of the co-
conspirators are distinct crimes.

Exception to the exception: In acts constituting a single indivisible offense, even though
the co-conspirator performed different acts bringing about the composite crime, all will
be liable for such crime. They can only evade responsibility for any other crime outside
of that agreed upon if it is proved that the particular conspirator had tried to prevent the
commission of such other act.

The rule would be different if the crime committed was not a composite crime.

As a general rule, when there is conspiracy, the rule is that the act of one is the
act of all. This principle applies only to the crime agreed upon.

The exception is if any of the co-conspirator would commit a crime not agreed
upon. This happens when the crime agreed upon and the crime committed by one of
the co-conspirators are distinct crimes.

Exception to the exception: In acts constituting a single indivisible offense, even though
the co-conspirator performed different acts bringing about the composite crime, all will
be liable for such crime. They can only evade responsibility for any other crime outside
of that agreed upon if it is proved that the particular conspirator had tried to prevent the
commission of such other act.

The rule would be different if the crime committed was not a composite crime.

Art. 9. Grave felonies are those to which the law attaches the capital punishment
or penalties which in any of their are afflictive, in accordance with Article 25 of
this Code.

Criminal Law 1 Notes ©Atty. JGPA Page 8

 Less grave felonies are those which the law punishes with penalties which
in their maximum period are correctional, in accordance with the above-
mentioned article.

Light felonies are those infractions of law for the commission of which he
penalty of arresto mayor or a fine not exceeding 200 pesos, or both is provided.

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.

 Capital punishment is death penalty.

 Afflictive penalties in accordance with Art. 25 of this Code are:

(a) reclusion perpetua;

(b) reclusion temporal;
(c) perpetual or temporary absolute disqualification;
(d) perpetual or temporary special disqualification;
(e) prision mayor.

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.

 When the penalty prescribed for the offense is composed of two or more distinct
penalties, the higher or highest of the penalties must be a correctional penalty.

 Correctional penalties are:

(a) prision correccional

(b) arresto mayor
(c) suspension
(d) destierro

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.

 When the fine is:

P200 – it is light felony;
If more than P200 but not exceeding P6,000.00, it is less grave felony;
If exceeding P6,000.00, it is grave felony.

Felonies are classified as follows:

(1) According to the manner of their commission

Criminal Law 1 Notes ©Atty. JGPA Page 9

 Under Article 3, they are classified as, intentional felonies or those committed
with deliberate intent; and culpable felonies or those resulting from negligence,
reckless imprudence, lack of foresight or lack of skill.

(2) According to the stages of their execution

Under Article 6., felonies are classified as attempted felony when the offender
commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance; frustrated
felony when the offender commences the commission of a felony as a
consequence but which would produce the felony as a consequence but which
nevertheless do not produce the felony by reason of causes independent of the
perpetrator; and, consummated felony when all the elements necessary for its
execution are present.

(3) According to their gravity

Under Article 9, felonies are classified as grave felonies or those to which

attaches the capital punishment or penalties which in any of their periods are
afflictive; less grave felonies or those to which the law punishes with penalties
which in their maximum period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is arresto menor.

While Article 3 classifies the crimes into Intentional and Culpable, a third class can be
grouped with it – that is, those defined and penalized by special laws which include
crime punished by city or municipality ordinances. They are generally referred to as
mala prohibita. As a rule, intent to commit the crime is not necessary. It is sufficient that
the offender has the intent to perpetrate the act prohibited by the special law. The act
alone, irrespective of the motives, constitutes the offense. Good faith is not a defense.

Why is it necessary to determine whether the crime is grave, less grave or light?

To determine whether these felonies can be complexed or not, and to determine

the prescription of the crime and the prescription of the penalty. In other words,
these are felonies classified according to their gravity, stages and the penalty
attached to them. Take note that when the Revised Penal Code speaks of grave and
less grave felonies, the definition makes a reference specifically to Article 25 of the
Revised Penal Code. Do not omit the phrase “In accordance with Article 25” because
there is also a classification of penalties under Article 26 that was not applied.

If the penalty is fine and exactly P200.00, it is only considered a light felony under
Article 9.

If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00
is considered a correctional penalty under Article 26.

Criminal Law 1 Notes ©Atty. JGPA Page 10

If the penalty is exactly P200.00, apply Article 26. It is considered as correctional
penalty and it prescribes in 10 years. If the offender is apprehended at any time within
ten years, he can be made to suffer the fine.

In the case of light felonies, crimes prescribe in two months. If the crime is correctional,
it prescribes in ten years, except arresto mayor, which prescribes in five years.

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.

Art. 10 is Composed of Two Clauses

1. Offenses under special laws are not subject to this Code;

2. This Code is supplementary to such laws.

Special Laws – are penal laws which punish acts not defined and penalized by the
Penal Code.

1. The provisions of the Revised Penal Code on penalties cannot be applied to

offenses punishable under special laws.

2. Offenses under special laws, not subject to the provisions of this Code relating to
attempted and frustrated crimes.

Supplementary – means applying what is lacking; additional.

 For Special Laws: Penalties should be imprisonment, and not reclusion perpetua,
etc.

 Offenses that are attempted or frustrated are not punishable, unless otherwise
stated.

 Plea of guilty is not mitigating for offenses punishable by special laws.

 No minimum, medium, and maximum periods for penalties.

 No penalty for an accessory or accomplice, unless otherwise stated.

Provisions of RPC applicable to special laws

a. Art. 16 Participation of Accomplices

b. Art. 22 Retroactivity of Penal laws if favorable to the accused
c. Art. 45 Confiscation of instruments used in the crime

Criminal Law 1 Notes ©Atty. JGPA Page 11

You will only apply the provisions of the Revised Penal Code as a supplement to
the special law, or simply correlate the violated special law, if needed to avoid an
injustice. If no justice would result, do not give suppletorily application of the Revised
Penal Code to that of special law.

Any Special Law that uses the nomenclature of the Revised Penal Code in the
imposition of penalties makes such Special Law a felony.

Criminal Law 1 Notes ©Atty. JGPA Page 12