c. Attempted, Frustrated, and Consummated Stages

When light felonies are punishable

• General Rule: Light felonies are punishable only when they have been consummated.
• Exception: Light felonies committed against persons or property are punishable even if attempted or frustrated.

When Consummated

Consummated the very moment rebels rise and take arms against the government. They do not need to achieve their purpose for rebellion to be consummated.

Not necessary that purpose be achieved

It is not necessary for conviction that the purpose is achieved.

Notes:

• If the suicide is not consummated:
• For the first punishable act: punishable by arresto mayor in its medium and maximum periods; and
• For the second punishable act: one or two degrees lower than that provided for consummated suicide
• An attempt to commit suicide is an act, but it is not punishable by law. The person so attempting is not criminally liable.
• A pregnant woman who tries to commit suicide by means of poisoning herself, but instead of dying, the fetus in her womb was expelled, is not liable for abortion.
• In order to incur criminal liability for the result not intended, one must be committing a felony.
• Unintentional abortion is punishable only when it is caused by violence, not by poisoning oneself (Art. 257).
• Assistance to suicide is different from mercy-killing. Euthanasia or mercy-killing is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder.

Art. 254. Discharge of Firearms

Any person who shall shoot at another with any firearm if the shooting does not amount to attempted, frustrated, or consummated murder, homicide, parricide, or any other crime that imposes a higher penalty

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No frustrated stage

There is no frustrated stage for coup d’ etat. The mere attack directed against the duly-constituted authorities of the PH, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power, consummates the crime.

Punishable Acts:

• Killing one’s adversary in a duel;
• Inflicting upon such adversary physical injuries; and
• Engaging in combat although no physical injuries are inflicted by either combatant on the other

ATTEMPTED FELONY

A felony is at the attempted stage 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

The offender is still in the subjective phase because he has not performed all acts necessary for its accomplishment. Therefore, he still has control as he may or may not continue his overt acts. (Boado, Compact Reviewer in Criminal Law)

Notes:

• Falsification is consummated the moment the genuine document is altered or the moment the false document is executed.
• There may be a frustrated stage if falsification is imperfect.
• Usage, which is not an element of falsification, is punished separately from actual falsification.
• It cannot be deemed necessarily included in the crime of falsification of a public document by a public officer or employee or by a private person.
• It may be a lesser offense.

Art. 173. Falsification of Wireless, Cable, Telegraph, and Telephone Messages, and Use of Falsified Messages

FRUSTRATED FELONY

A felony is at the frustrated stage 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.

The offender has reached the objective stage of the offense for he has performed all the acts which would produce the felony, but the crime was not committed for reasons independent of his will. (Boado, Compact Reviewer in Criminal Law)

If the reason is dependent on his will, as when in homicide, the wound is fatal but he himself brought the victim to the hospital hence the victim survived, it is not frustrated homicide but some other crime like physical injuries. (Id)

ELEMENTS

• The offender performs all the acts of execution;
• All the acts performed would produce the felony as a consequence;
• But the felony is not produced; and
• By reason of causes independent of the will of the perpetrator.

Attempted Felony vs. Frustrated Felony

(US vs. Eduave, G.R. No. L-12155)

Crimes which do not have a frustrated stage

There are crimes which do not admit of a frustrated stage. By the definition of a frustrated felony, the offender cannot possibly perform all the acts of execution to bring the desired result without consummating the offense.

• Rape, because the gravamen of the offense is carnal knowledge, so no matter how slight the penetration, the felony is consummated
• Indirect bribery, because the offense is committed by accepting gifts offered to the public officer by reason of his office.
• Corruption of public officers, since the crime requires the concurrence of the will of both parties.
• Adultery, because the essence of the crime is sexual congress.
• Physical injury, since its determination whether slight, less serious, or serious can only be made once it is consummated.
• Theft, since unlawful taking immediately consummates the offense and the disposition of the thing is not an element.

CONSUMMATED FELONY

A felony is at the consummated stage when all the elements necessary for its execution and accomplishment are present.

In the consummated stage, all acts of execution are present; hence the offender is in the objective stage as he no longer has control over the outcome of his acts, having performed all that is necessary to accomplish his purpose. (Boado, Compact Reviewer in Criminal Law)

Frustrated Felony vs. Consummated Felony

(Campanilla, Criminal Law Reviewer Volume I)

Manner of committing the crime

• Formal crimes

These are crimes consummated in one instant. As a rule, there can be no attempt at a formal crime, because between the thought and the deed there is no chain of acts that can be severed in any link.

E.g. Giving a false testimony (Art. 180, RPC); Slander (Art. 358, RPC)

• Crimes consummated by mere attempt or proposal or by overt act

E.g. Flight to the enemy's country (Art. 121, RPC); Corruption of minors (Art. 340, RPC)

• Felony by omission

There can be no attempted stage when the felony is 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.

E.g. Misprision of treason (Art 116, RPC);, Failure of accountable officer to render accounts (Art. 218, RPC); Failure of a responsible public officer to render accounts before leaving the country (Art. 219, RPC); Failure to make delivery of public funds or property (Art. 221, RPC)

• Corruption of public officials

Under Art. 212, RPC, a person who makes the offers or promises or gives the gifts or presents described in the preceding articles incurs liability for corruption of public officials; acceptance or agreement is not always required, and rejection of an offer does not necessarily make the offense merely attempted.

• Material crimes

These are crimes where there may be 3 stages of execution.

E.g. Homicide is not consummated in one instant or by a single act. Rape does not admit a frustrated stage.

Two stages of Rape by Sexual Intercourse:

(Rape does not admit of a frustrated stage)

• Consummated
• Penetration is necessary;
• It is not essential that there be a complete penetration of the female organ; neither is it essential that there be a rupture of the hymen.

It is enough that the labia majora be penetrated, even the slightest.

• The penis need not be erect; consummated rape by sexual intercourse requires penetration, however slight. If the accused repeatedly tried to insert the penis in the vagina, even if in vain, the offense may be attempted rape if the requisite intent and overt acts are present.
• Attempted
• The offender has already performed overt acts with the intention to have carnal knowledge of the offended party, but which was not consummated due to some cause or accident other than his own spontaneous desistance.
• There must be intent to have carnal knowledge of the woman against her will.
• There can be no frustrated rape because any penetration of the female organ is sufficient.

When crime consummated

Mere attempt to flee or go to enemy country consummates the crime.

Elements:

• False witness or testimony is offered in evidence;
• Offender knew of falsity; and
• Offered in judicial or official proceedings

Notes:

• This article applies when the offender, without inducing another but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding.
• The felony is consummated the moment a false witness is offered in any judicial or official proceeding. Looking for a false witness is not punished by law as that is not offering a false witness.
• The false witness need not be convicted of false testimony. A mere offer to present him is sufficient.

Three (3) stages

• Attempted: Offender commences the commission of the crime directly by overt acts but he does not perform all acts of execution (i.e., was not able to light fire) due to timely intervention of another. It is not necessary that there be a fire (e.g., placing rags soaked in gasoline beside the wooden wall of building sufficient).
• Frustrated: Offender was able to light or set fire to the item or building, but the fire was put out before any part of it was burned
• Consummated: Offender was able to light a fire and to burn at least a part of building (e.g., charring of the wood whereby the fiber of the wood is destroyed); If only the contents of a building burn, determine separately whether those contents are the property charged as the object of arson. Burning only the contents does not consummate arson of the building.

Example: In this case, no one saw the offender actually set fire to the nipa hut. Nevertheless, the prosecution has established multiple circumstances, which, after being considered in their entirety, support the conclusion that petitioner is guilty beyond reasonable doubt of simple arson. First, the evidence was credible and sufficient to prove that the offender stoned the victim’s house and threatened to burn him. Second, the evidence was credible and sufficient to prove that the offender returned a few hours later and made his way to the victim’s nipa hut. Third, the evidence was also credible and sufficient to prove that the offender was in close proximity to the nipa hut before it caught fire. The stoning incident and the burning incident cannot be taken and analyzed separately. (Bacerra v. People,G.R. No. 204544)