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CRIMINAL LAW Book 1

Criminal law- branch of law which defines crimes, treats

of their nature and provides for their punishment.

Crime- an act committed or omitted in violation of a

public law forbidding it.

SOURCES OF PHIL. CRIMINAL LAW:

- Revised Penal Code (Act. 3815)- Special laws passed by legislature- PDs issued during Martial LawNo common law crimes (crimes that are deemed

morally wrong by society) in the Philippines.

Court decisions are not sources of criminal law as they

merely explain the meaning of and apply the law as

enacted by legislature.

Police power of the State- State has the authority to

define and punish crimes and to lay down rules of

criminal procedure.

LIMITATIONS ON THE POWER OF THE LAWMAKING

BODY TO ENACT PENAL LEGISLATION (Bill of Rights,

1987 Consti.):

1. No ex post facto law or bill of attainder shallbe enacted.

Retroactive laws- laws prejudicial to the accused.

Ex post facto law:

-makes criminal an act done before the passage of the

law

-aggravates a crime

-changes punishment and inflicts greater punishment

than the law annexed to the crime when committed

-alters legal rules of evidence and authorizes convictionupon less or diff. testimony than the law reqd.

-assumes to regulate civil rights and remedies only

-deprives accused some lawful protection to which he

has become entitled.

Ex post facto law= retroactive law

2. No person shall be held to answer for acriminal offense w/o due process of law.

Bill of attainder- legislative act which inflicts

punishment without trial.

CONSTITUTIONAL RIGHTS OF THE ACCUSED (Art. 3, Billof Rights, of the 1987 Constitution):

1. Speedy disposition of cases2. Due process of law3. Right to bail (except for those charged with

offenses punishable by reclusion perpetua)

4. No person shall be compelled to witness againsthimself

5. Right to remain silent6. No torture, violence, threat or intimidation or

any means which vitiate the free will shall be

used against him

7. Excessive fines shall not be imposed8. No cruel, degrading, or inhuman punishment

shall be used

9. Right against double jeopardy10.Free access to the courts and quasi-judicial

bodies and adequate legal assistance

STATUTORY RIGHTS OF THE ACCUSED (Sec. 1 Rule 115,

Revised Rules on Criminal Procedure):

1. Presumption of innocence until proven guilty2. To be informed of the nature and cause of the

accusation against him

3. To be present and defend in person and bycounsel at every stage of the proceedings.

4. To testify as a witness in his own behalf subjectto cross-examination

5. To be exempt from being compelled to witnessagainst himself.

6. To confront and cross-examine the witnessesagainst him at the trial.

7. To have compulsory process issued to securethe attendance of witnesses and production of

other evidences in his behalf.

8. To have a speedy, impartial and public trial.9. Right to appeal

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Rights which maybe waived for the reason thatthey are personal= right to confrontation and

cross examination

Rights which may not be waived for the reasonthat they involve public interest= Right to be

informed of the nature and cause of accusation

CHARACTERISITCS OF CRIMINAL LAW

1. GENERALGENERAL RULE: Criminal law is binding on all persons

who live or sojourn in Philippine Territory.

- Citizen or alien- Civilian or military

GR: The jurisdiction of the civil courts is not affected by

the military character of the accused.

EX: Express legislation; Treaty stipulations

GR: Civil courts have the concurrent jurisdiction (even in

times of war) with general courts-martial over soldiers

of the AFP (Rep. Act. No. 7055).

EX: Service-connected crimes or offenses shall be triable

on military courts or general courts-martial.

Service connected crimes/offenses: limited to Art. 54-

70, Art. 72 to 92 and Art. 95-97 of the Commonwealth

Act No. 408.

Civil courts= RPC

Military courts= Articles of War

GR: The prosecution of an accused before a court-

martial is a bar to another prosecution of the accused

for the same offense.

GR: Offenders accused of war crimes are triable by

military commission.

EXCEPTIONS TO THE GENERAL APPLICATION OF

CRIMINAL LAW:

Treaties or Treaty Stipulationse.g. Bases Agreement between RP and US; RP-US

Visiting Forces Accord

Law of preferential applicatione.g. Rep. Act No. 75- favours diplomatic representatives

and their domestic servants

Persons exempt from the operation of our criminal laws

by virtue of the principles of PIL:

-Sovereigns and other chiefs of state

-Ambassadors, ministers plenipotentiary ministers

resident and charges daffaires.

EX to the EX: A consul being commercial representative

is not entitled to the privileges and immunities of an

ambassador or minister

2. TERRITORIAL (Art. 2 of RPC)GENERAL RULE: Criminal law undertakes to punish

crimes committed within Phil. territory.EXCEPTION-Provisions of RPC is applicable to those

who:

- Should commit an offense while on a Philippineship or airship.

- Should forge or counterfeit any coin or currencynote of the Philippines or obligations and

securities issued by the GRP

- Should be liable for acts connected with theintroduction to the Phil. in the preceding;

- While being public officers or employees shouldcommit an offense in the exercise of their

functions

- Should commit any of the crimes against natlsecurity and the law of nations

3. PROSPECTIVEGENERAL RULE: A Penal law cannot make an act

punishable in a manner in which it was not punishable

when committed (Art. 366 of the RPC).

Illustration:

Old Law (time committed) New Law

Offense Punishable Not

Punishable

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EX to the GR: When the new law is favourable to the

accused

EX to the EX:

- Where the new law is expressly made inapplicableto pending actions or existing causes of action

- Where the offender is a habitual (repetitive)criminal.

Different Effects of Repeal:

1. If the repeal makes the penalty lighter in thenew law, the new law shall be applied.

(Exception, Retroactive, Favorable)

2. If the new law imposed a heavier penalty, oldlaw shall be applied (General Rule, Prospective,

Not favourable)

3. If the new law totally repeals the existing law(Exception, Retroactive, Favorable)

When the repeal is absolute, the offense ceases to be

criminal

When the new law and the old law penalize the same

offense, the offender can be tried under the old law.

When the repealing law fails to penalize the offense

under the old law, the accused cannot be convicted

under the new law.

A person erroneously accused and convicted under a

repealed statute may be punished under the repealing

statute.

A new law which omits anything contained in the old

law dealing on the same subject, operates as a repeal of

anything not so included in the amendatory act.

Self repealing law- when an act expires by its own

limitation, the effect is the same as though it has been

repealed at the time of its expiration; and it is a

recognized rule in this jurisdiction that repeal of a law

carries with it the deprivation of the courts to try,

convict and sentence persons charge with violation of

the old law prior to the repeal.

Construction of Penal Laws

1. Penal laws are strictly construed against theGovernment in favour of the accused.

- May be invoked only where the law isambiguous (statutory construction)

2. In the construction/interpretation of provisionsif the RPC, Spanish text is controlling.

THE REVISED PENAL CODE

Art. 1 Time when Act takes effect- January 1, 1932

Two Theories in Criminal Law

Classical Theory Positivist Theory

Basis of criminal liability is free will

Purpose of Penalty is retribution

Man is subdued by a strange and morbid phenomenon

which constrains him to do wrong

Man is essentially a moral creature

Stresses on effect or result of felonious act

Crime=Penalty

Scant regard to the human element

Crime is essentially a social and natural phenomenon

Art. 2 Application of Its Provisions

*See Territoriality

In what cases are the provisions of the RPC applicable

even if the felony is committed outside of the

Philippines? (Triable by RTC)

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1. When the offender should commit an offensewhile on a Philippine ship or airship.

Exception: When the Phil. vessel or aircraft is in the

territory of a foreign country, the crime committed on

the said vessel or aircraft is subject to the laws of that

foreign country.

Philippine vessel/ aircraft: that which is registered in the

Philippine Bureau of Cutoms.

2. When the offender should forge or counterfeitany coin or currency note of the Philippines or

obligations and securities issued by the

Government.

3. When the offender should be liable for actsconnected with the introduction into the

Philippines of the obligations and securities

mentioned in the preceding number.4. When the offender, while being a public officer

or employee should commit an offense in the

exercise of his functions:

- Direct/ indirect bribery- Frauds against public treasury- Possession of prohibited interest- Malversation- Failure to render accounts- Illegal use of public funds and property- Failure to deliver public funds and property- Falsification5. When the offender should commit any of the

crimes against national security and the law of

nations

-treason

-espionage

-piracy

CRIMES COMMITTED ON BOARD A FOREIGNMERCHANT SHIP OR AIRSHIP

GENERAL RULE: An offense committed on the high seas

on board a foreign merchant vessel is not triable by our

courts.

EXCEPTION: A continuing offense committed on board a

foreign vessel which enters our territorial waters is

triable by our courts.

Rules as to Jurisdiction over Crimes Committed Aboard

Foreign Merchant Vessels

French Rule English Rule= observed in

the Philippines

Such crimes are not

triable in the courts of

that country unless their

commission affects the

peace and security of the

territory or the safety of

the state is endangered

Such crimes are triable in

that country, unless they

merely affect things within

the vessel or they refer to

the internal management

thereof.

Do the Philippine courts have jurisdiction over the crimeof homicide committed on board a foreign merchant

vessel by a member of the crew against another?

General Rule: All must concede that felonious homicide

is a subject of local jurisdiction and if the proper

authorities are proceeding with the case in the regular

way, the consul has no right to interfere.

General Rule: Crimes not involving a breach of public

order committed on board a foreign vessel in transit not

triable by our courts.

Possession of Opium

Vessel in transit= not triable

Vessel not in transit (Philippine as terminal

port)=triable for possible importation of opium

Smoking of opium= triable; it causes such drug to

produce its pernicious effects w/in our territory.

General Rule: Philippine courts have no jurisdiction over

offenses committed on board foreign warships in

territorial waters.

Extra-territorial application of Republic Act No. 9372

Human Security Act of 2007

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Art. 3 Felonies

Felonies- acts and omissions punishable by the Revised Penal Code (Art. 3).

Elements of Felonies:

1. That there must be an act or omission.2. That the act or omission must be punishable by the RPC Nullum crimen, nulla poena sine lege- the act performed must be lawful3. That the act is performed or the omission incurred by means of dolo or culpa.- A person causing damage or injury to another, without dolo or culpa, is not criminally liable under the RPC.

Act Omission

Any bodily movement taken to produce some effect in

the external world.

Inaction or the failure to perform a positive duty which

one is bound to do.

The act must be one which is defined by the RPC as

constituting a felony or at least an overt act of felony.

The omission must be punishable by law.

The act must be external, because internal acts are

beyond the sphere of penal law.

Examples: Abandonment of persons in danger; non-

issuance of receipt as required by law; failing to report

a conspiracy one has knowledge of.

Intentional Felonies (Felony by means

of dolo)

Culpable Felonies (Felony by means of

culpa)

Crimes punished under special

laws

Acts and omissions are voluntary

-act or omission is performed with

deliberate intent which must

necessarily be voluntary

Acts and omissions are voluntary

-the imprudence/negligence consists in

voluntarily, but without malice

Committed by means of dolo

(deliberate intent)

Committed by means of culpa (fault ;

negligence and imprudence)

Dolo is not required

It is sufficient that the offended

has the intent to perpetrate

the act prohibited by the

special law.

When the offender in performing an act

orincurring an omission has the intention

to do an injury to the person or

property

A person who caused an injury without

the intention to cause an evilMind of the accused is not criminal

The injury caused to another should be

unintentional, it being simply the

incident of another act performed

without malice

The act is injurious to public

welfare and the doing of theprohibited act is the crime itself

Malicious; offender acts with malice Not malicious; offender acts without

malice

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Criminal intent is necessary in felonies

committed by means of dolo.

Actus non facutreum, nisi mens sit

rea

Actus me invite factus non est meus

actus

General intent and specific intent

(intent to gain, intent to kill)

In criminal negligence, the injury

caused to another should be

unintentional, it being simply an

incident of another act performed

without malice.

Intent to commit the crime and

intent to perpetrate the act

must be distinguished.

It is enough that the prohibited

act is done freely and

consciously.

No intent to perpetrate the act

prohibited

The act alone irrespective of its

motives, constitutes the

offense

Absence of criminal intent is a good

defense

Good faith is a good defense as itnegates criminal intent

Mistake in the identity of the intended

is not reckless imprudence

The defense of mistake of fact isuntenable when accused is charged

with a culpable felony

Good faith and absence of

criminal intent not valid

defences in crimes punished by

special law

Requisites of Dolo Requisites of Culpa

FREEDOM FREEDOM

INTELLIGENCE INTELLIGENCE

INTENT

GR: Presumption arises from the proof of the commission

of an unlawful act. Criminal intent and the will to commit acrime are always presumed on the part of the person who

executes an act which the law punishes.

EX: But the presumption of criminal intent does not arise

from the proof of the commission of an act which is not

unlawful.

IMPRUDENCE-lack of skill

NEGLIGENCE-lack of foresight

All three requisites of voluntariness in intentional felony

must be present.

Mistake of Fact Mistake of LawA misapprehension of fact on the part of the person who caused an injury to

another.

Not a defense for a felosny

An honest mistake of fact negates the presumption of criminal intent.

Lack of intent to commit a crime may be inferred from the facts of the case

E.g. Pp vs. Bitdu

Requisites of mistake of fact as a defense:

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1. That the act done would have been lawful had the facts been as the accusedbelieved them to be.

Act done by the accused would have constituted:

-a justifying circumstance

-an absolutory cause

-an involuntary act

2. That the intention of the accused in performing the act should be lawful.Mistake of fact does not apply in error in personae or mistake in identity of victim

3. That the mistake must be without fault or carelessness on the part of theaccused.

Ah Chong Case vs. Oanis Case

Lack of intent to kill the deceased because his intention was to kill another, does not

relieve the accused from criminal responsibility

When accused is negligent, mistake of fact is not a defense.

The defense of mistake of fact is untenable when accused is charged with a culpablefelony

Mala Inse Mala Prohibita

Wrongful from their very nature Wrong merely because prohibited by statute

Serious t to their effects in society Violations of mere rules of convenience

The intent governs The only inquiry is, has the law been violated?

When the acts are inherently immoral, they are mala inse,

even if punished under special law

Intent Motive

The purpose to use particular means to effect such result The moving power which impels one to action for a

definite result

Not an essential element of a crime

Motive is established by testimony of witnesses on the

acts or statements of the accused

Disclosure of motive is an aid in completing the proof

of the commission but proof of motive is not enough

to support convictionLack of motive may be an aid in showing the

innocence of the accused

Motive, when relevant Motive, when need not be established

Where the identity of the accused is in dispute; If the commission of the crime has been proven and

the evidence of identification is convincing;

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When there is two antagonistic theories or versions of the

killing

Where the defendant admits the killing

When there are no eyewitnesses to the crime and where

suspicion is likely to fall upon a number of persons

When guilt is otherwise establish by sufficient

evidence

If evidence is merely circumstantial

Art. 4. Criminal Liability- shall be incurred:

1. By any person committing a felony although the wrongful act done be different from that which he intended.2. By any person performing an act which would be an offense against persons or property, were it not for the

inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual

means.

GR: One who commits an intentional felony is responsible for all the consequences which may naturally and logically

result therefrom, whether foreseen or intended or not.

Rationale: el que es cause de la cause es cause del mal causado he who is the cause of the cause is the cause of the

evil caused.

Important phrases of Art. 4, par.1:

committing a felony-felony committed by offender

should be one committed by means of dolo (US vs.

Divino)

- When a person has not committed a felony, heis not criminally liable for the result which is not

intended (US vs. Villanueva, US vs. Bindoy)

although the wrongful act done be different from that

which he intended

Causes which may produce a result different from that

which the offender intended:

- Mistake of identity/ error personae (PP vs.Oanis) (PP vs. Gona)

- Mistake in the blow/ aberration ictus (Pp vs.Mabugat)

- The act exceeds the intent/ praetorintentionem (Pp vs. Cagoco)Requisites of Art. 4, Par. 1:

1. That an intentional felony has been committed; No felony is committed 1) when the act or

omission is not punishable by RPC (e.g. suicide,

self-defense; in fulfilment of a duty);

and 2) when the act is covered by any of thejustifying circumstances of Art.11

2. That the wrong done to the aggrieved party bethe direct, natural and logical consequence of

the felony committed by the offender.

Any person who creates in anothers mind animmediate sense of danger, which causes the

latter to do something resulting in the latters

injuries, is liable for the resulting injuries.

Wrong done must be the direct, natural andlogical consequence of felonious act.

Natural- occurrence un the ordinary course of human

life

Logical- there is a rational connection between the act

of the accused and the resulting injury.

(Pp vs. Quianson, Pp vs. Marasigan, Pp vs.

Mendoza)

o victim drowned after being chased by theaccused with a knife

o victim removed drainage from wound as woundcaused by the accused causes extreme pain and

discomfort

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o other causes cooperated in producing the fatalresult as long as the would inflicted is

dangerous except otherwise when it

clearly appears that injury would not have

caused death

o In cases where the victim was suffering frominternal malady, blow must be the efficient

cause of death, blow accelerated deathand blow was proximate cause of death.

GR: The felony must be the proximate cause of death of

resulting injury

Proximate cause

-that cause which in natural and continuous sequence,

unbroken by any efficient intervening cause, produces

the injury, and without which the result would not have

occurred.-there must be a relation of cause and effect which is

not altered by pre-existing conditions, such as the

pathological condition of the victim, the

predisposition of the offended party, the concomitant

or concurrent conditions, such as negligence or fault of

doctors or the conditions supervening the felonious act

such as infections.

EX: Not a proximate cause of death when:

1. There is an active force that intervened andsuch force is a distinct act or fact absolutely

foreign from felonious act

2. The resulting injury is due to the intentional actof the victim

The following are not efficient intervening causes;

-the weak or diseased physical condition of the victim

-the nervousness or temperament of the victim

-causes inherent to the victim

-neglect of the victim or third person

-erroneous or unskilful medical or surgical treatment

When death is presumed to be the natural consequence

of physical injuries inflicted:

1. That victim at the time the physical injurieswere inflicted was in normal health

2. That death may be expected from the physicalinjuries inflicted

3. That death ensued within a reasonable timeImpossible Crimes

The commission of an impossible crime is indicative of

criminal propensity or criminal tendency on the part of

the actor. Such person is a potential criminal.

Requisites of impossible crime:

1. That the act performed would be an offenseagainst persons or property.

- Such a felony should not actually be committed,for, otherwise, he would be liable for that

felony. There would be no impossible crime to

speak of.

2. That the act was done with evil intent3. That its accomplishment is inherently

impossible, or that the means employed is

either inadequate or ineffectual.

a. Inherent impossibility of its accomplishment- Act intended is by its nature one of impossible

accomplishment

- There must be either legal impossibility orphysical impossibility

b. Employment of inadequate means-

But where the means employed is adequate,and the result expected is not produced, it is

not an impossible crime, but a frustrated felony

c. Employment of ineffectual means4. That the act performed should not constitute a

violation of another provision of the RPC.

Purpose of the law in punishing the impossible crime- to

suppress criminal propensity or criminal tendencies.

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ART.5.Duty of the Court in connection with acts which

should be repressed but which are not covered by the

law and in cases of excessive penalties.

...in connection with acts which should be repressed but

which are not covered by the law:

1. Act committed by the accused not punishableby any law.

2. Court deems it proper to repress such act3. Court must render proper decision by

dismissing the case

4. Judge should report to Chief Executive throughExec. Sec. stating the reasons which induce him

to believe said act should be made the subject

of penal legislation

Basis:nullum crimen, nulla poena sine lege

...in cases of excessive penalties:

1. The court after trial finds the accused guilty;2. The penalty provided by law and which the

tocourt imposes for the crime committed

appears clearly excessive:

- Accused acted with lesser degree of malice- No injury or the injury caused is of lesser gravity3. Court should not suspend the execution of the

sentence

4. Judge should submit a statement to the ChiefExec., through the Secretary of Justice,

recommending executive clemency.

Courts have the duty to apply the penalty provided by

law- it is a well-settled rule that courts are not

concerned with the wisdom, efficacy or morality of law.

That question falls exclusively within the province of the

Legislature which enacts them and the Chief Executive

who approves or vetoes them.

-Dura Lex Sed Lex

Judge has the duty to apply the law as interpreted bythe Supreme Court- judge may state his opinion but he

must first think that it is his duty to apply the law as

interpreted by the Highest Court

2nd

Paragraph of Article 5 of the RPC has no application

to the offense defined and penalized by a special law.

Art. 5 of the RPC may not be invoked in cases involving

acts of mala prohibita, because said article applies only

to acts mala in se.

ART 6.Consummated, Frustrated, and Attempted

Felonies

Development of Crime

1. Internal Acts- mere ideas in the mind of a personnot punishable even if, had they been carried out,

they would constitute a crime.

Intention and effect must concur.

2. External Acts- cover preparatory acts and acts ofexecution.

a. Preparatory acts- ordinarily they are not punishableexcept when the law provides for their

punishment in certain felonies.

E.g. buying poison, carrying a weapon or inflammable

material

E.g. of preparatory acts considered as independent

crimes- possession of pick locks (Art. 304)

b. Acts of Execution- they are punishable under theRPC.

Stages of execution: attempted, frustrated,

consummated

Overt Acts- some physical activity or deed, indicating

the intention to commit a particular crime, more than

mere planning or preparation, which if carried to its

complete termination following its natural course,

without being frustrated by external obstacles nor by

voluntary desistance of the perpetrator, will logically

and necessarily ripen into a concrete offense.

Overt act may not be physical- there are felonies where

because of their nature or the manner of committingthem, the overt acts are not performed with bodily

movements or physical activity.

E.g. proposal of offering money constitute an overt act

of the crime of corruption.

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execution was held to be attempted

because there was no wound

inflicted or the wound inflicted was

not mortal:

US vs. Bien, Pp. Vs. Kalalo, Pp vs.

Domingo, Pp vs. Somera

for the frustration of the same that a

mortal would be inflicted, because

then the wound could produce the

felony as a consequence.

E.g. People vs. Honrada, PP vs.

Mercado, Pp. Vs. David

2. He does not perform all the actsof execution which shouldproduce the felony

E.g. Pp v. Lamahang

Accused was only charged with

attempted trespassing as he was yet

to commence entering the dwelling

2. All acts performed would producethe felony as a consequence

Pp. Vs. Borinaga- It is the preventing

of death by causes independent of the

will of the perpetrator, after all acts of

execution had been performed, that

constitutes the frustrated felony and

not the preventing of the performance

of all the acts which constitute the

felony (dissenting opinion).

Pp vs. Kalalo- In crimes against

persons such as murder, which require

that the victim should die to

consummate the felony, it is necessary

for the frustration of the same that a

mortal wound is inflicted.

Specific elements of a felony in order

for it to be consummated:

Homicide/murder- death of the

victim

Theft- actual taking of the thing

belonging to another

Estafa- element of damage

Robbery- offender gets hold of the

thing taken and/ or is in the position

to dispose of it freely

Forcible abduction- element of lewd

design

3. The offenders act is notstopped by his own

spontaneous desistance

The desistance which exempts from

criminal liability has reference to the

crime intended to be committed andhas no reference to the crime

actually committed by the offender

before his desistance.

In an attempted felony, the offender

never passes the subjective phase of

the offense.

3. But the felony is not produced

4. The non-performance of all actswas due to the cause or

accident other than his

spontaneous desistance

E.g. A aimed pistol at B to kill the

latter but when he pressed the

trigger, it jammed and no bullet was

fired from the pistol

4. By reason of causes independent of

the will of the perpetrator

If the crime is not produced becauseof the timely intervention of a third

person, it is frustrated.

If the crime is not produced because

the offender himself prevented its

consummation, there is no frustrated

felony, for the fourth element is not

present.

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Frustrated Felony distinguished from attempted felony

Attempted Felony Frustrated Felony

Offender has not

accomplished his criminal

purpose

Offender has not

accomplished his criminal

purpose

Offender merely

commences the

commission of the felony

directly by overt acts

Offender has performed

all the acts of execution

which would produce the

felony as a consequence.

Offender has not passed

the subjective phase

Offender has reached the

objective phase

There is an intervention of

a foreign or extraneous

cause between thebeginning of the

consummation of the

crime and the moment

when all acts have been

performed

There is NO

INTERVENTION of a

foreign or extraneouscause between the

beginning of the

consummation of the

crime and the moment

when all acts have been

performed

Attempted or Frustrated Felony distinguished from

Impossible Crime

Attempted or Frustrated

Felony

Impossible Crime

Evil intent of the offender

is not accomplished

Evil intent of the offender

is not accomplished

Evil intent is possible of

accomplishment

Evil intent cannot be

accomplished

What prevented the

accomplishment of the

evil intent is the

intervention of certain

cause or accident in which

the offender has no part

Evil Intent cannot be

accomplished as it is

inherently impossible of

accomplishment or

because the means

employed is inadequate or

ineffectual

How to determine whether crime is only attempted or

frustrated or it is consummated:

1. Nature of the crimeE.g. Arson- it is not necessary that the property is totally

destroyed by fire

- Consummation of the crime of arson does not depend

on upon the extent of the damage caused

Consummated Arson- if a portion of the wall or any

other part of the house is burned

Frustrated Arson- When offender performed an act

directly connected to the crime of arson, having set fire

to inflammable materials but no part of such structurewas burned

Attempted Arson- When offender performed an act

directly connected to the crime of arson but was

apprehended by some foreign or extraneous cause.

2. Elements Constituting the FelonyTheft- crime is consummated when the thief is able to

take or get hold of the thing belonging to another even

if he is not able to carry it away.

Estafa- crime is consummated when the offended party

is actually damaged or prejudiced. If the element of

damage is not proved, accused may be found guilty of

attempted or frustrated estafa.

Frustrated Theft- Espiritu case vs. Dio case

Element of intent to kill when present in inflicting

physical injuries may either be attempted or frustrated

parricide or murder or homicide.

Manner of committing the crime

1. Formal crimes- consummated in one instant, noattempt because between the thought and the

deed there is no chain of acts that can be severed in

any link.

e.g. slander, false testimony, sale of marijuana and

other prohibited drugs.

2. Crimes consummated by mere attempt or proposaby overt act.e.g. Flight to enemys country, corruption of minors

3. Felony by omission- because in this kind of felony,the offender does not execute acts. He omits to

perform an act which the law requires him to do.

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4. Crimes requiring the intervention of two personsto commit them are consummated by mere

agreement.

e.g. betting in sports contests, corruption of public

officer , bribery

When offer made by one party is rejected by other

party- frustrated felony

In the case of bribery: When the offer made by oneparty is accepted by the other party for the use of the

same as evidence- attempted bribery

5. Material crimes- the three stages of execution; notconsummated by a single act.

There is no attempted or frustrated impossible crime

because the acts performed by the offender are

considered as constituting a consummated offense.

ART. 7.When light felonies are punishable

Light felonies- infractions of law for the commission of

which the penalty of arresto menor or a fine not

exceeding 200 pesos or both is provided.

Light felonies under the RPC:

- Slight physical injuries- Theft- Alteration of boundary marks- Malicious mischief- Intriguing against honor

GR: Light felonies are punishable only when they have

been consummated.

EX: Light felonies committed against persons or

property are punishable even if attempted or

frustrated.