b. Subjective Phase and Objective Phase

Development of a crime

• INTERNAL ACTS, such as mere ideas in the mind of a person, are not punishable even if, had they been carried out, they would constitute a crime.
• EXTERNAL ACTS cover (a) preparatory acts; and (b) acts of execution.
• Preparatory acts – Ordinarily they are not punishable, but preparatory acts which are considered in themselves, by law, as independent crimes are punishable.

Example: Buying or preparing poison or weapon with which to kill the intended victim; carrying inflammable materials to the place where a house is to be burned.

• Acts of execution – Punishable under the RPC
• Subjective phase – Portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he still has control over his acts, including their natural course.
• Objective phase – The result of the acts of execution, that is, the accomplishment of the crime.

If the offender performs all acts of execution and the felony results, it is consummated. If the felony does not result because of causes independent of the offender’s will, it is frustrated, where that stage is legally possible (Revised Penal Code, Art. 6).

Public uprising and an object of Sedition must concur

It is immaterial if the object be completely attained. Mere public uprising for any of the objectives mentioned in Art. 139 is punishable. However, public uprising and an object of sedition must concur.