8/10/2019 [CRIM] Stages of Execution of a Felony

1/2

1

Stages of Execution of a Felony (Art.6)

1) Consummated- All elements necessary for its execution and accomplishment are present.

2) Frustrated- The offender has performed all the acts of execution to produce the felony as a

consequence but the crime does not result due to some cause independent of the will of the offender.

3) Attempted- The offender begins the commission of the felony by direct overt acts of execution

which should produce felony as a consequence by reason of some cause or accident either than his

own spontaneous desistance.

e.g.

Arson- Even if the only portion of the building is burned, arson is consummated. The total burning of

the building is not necessary to consummate the crime.

Rape- Even if there is only a slight penetration, the rape is consummated (People vs. Hernandez 49

Phil.980)

Estafa- Unlike the crime of theft, damage is an essential element in estafa.

----------------------------------------------------------------------------------------------------------------------------

STAGES OF EXECUTION OF A FELONY (ART. 6)

1. CONSUMMATED- All elements necessary for its execution and accomplishment are present.

2. FRUSTRATED-The offender has performed all the acts of execution to produce the felony as a consequencebut the crime does not result due to some cause independent of the will of the offender.

3. ATTEMPTED-The offender begins the commission of the felony by direct overt acts but does not perform all

the acts of execution which should produce the felony as a consequence by reason of some cause or accident

other than his own spontaneous desistance.

FRUSTRATED FELONY

If the crime is not produced despite the performance by the offender of all the acts of execution necessary to

produce it due to the will of the offender, a frustrated felony DOES NOT RESULT. Another felony may, however,

be committed if the acts so far performed are punished by law. So, if the offender poisoned another and then

because of remorse he himself administered the antidote to prevent the death of the Victim, Frustrated Murder is

NOT committed although he may be liable for serious physical injuries under Art. 264, or Homicide, if the Victim

became ill or died, respectively.

ATTEMPTED FELONY

1. If all the acts of execution are not performed due to an accident or any cause, the crime is ATTEMPTED. But if

the offender VOLUNTARILY DESISTED, no attempted felony is committed, although the acts so far performed

may constitute another felony. So, if the offender prepared a picklock to rob a house and on the way he desisted,

attempted robbery is not committed. But if arrested immediately after the desistance, he is liable for the crime of

illegal possession of a picklock.

Note: Viada reasoned out that if the offender does not perform all the acts of execution due to spontaneous

desistance, there is NO ATTEMPTED felony as it is a sort of reward granted by law to one, having one foot on the

verge of crime, heed the call of his conscience and return to the path of righteousness.

8/10/2019 [CRIM] Stages of Execution of a Felony

2/2

2

However, if the overt acts performed would already constitute an attempt of the crime intended to be committed,

any desistance would be unavailing. So, if A shot B with intent to kill him without hitting him, desistance from

firing again, would not affect As liability for an attempted felony. The desistance refers to a crime intended to be

committed and not to the crime actually committed before the desistance.

2. An overt act in criminal law, is an outward act done in pursuance and manifestation of a criminal intent or

design. So if the offender is caught after he made an opening on the wall of a storage before entering it, he

cannot be held liable for attempted robbery because the purpose of his intended entrance is not yet known. But

he is liable for attempted trespass to dwelling as undoubtedly the opening was made to enter the store.

3. The nature of the action intended must be inferred from the nature of the acts executed. The overt acts must

have an immediate and necessary relation to the offense intended. The overt act must logically and necessarily

ripen into a concrete offense.

4. There is no attempted felony by omission because overt acts are not performed.

----------------------------------------------------------------------------------------------------------------------------

Conspiracy (Art. 7)

It exists when two or more persons agree to commit a crime and they decide to commit it. (People vs.

Ogapay, 66 SCRA 210).

From the legal viewpoint, conspiracy exists if, at the time of the commission of the offense, the

accused "had the same purpose, and were united in its execution." (People vs. Danilo Sy, et al., L-

39400, March 29,1982, 113 SCRA 207).