CRIMINAL LAW 1

TITLE 1
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY (ARTICLE 5 & 6, RPC)

Prepared by:

ATTY. CHERYL ANN S. VILLARES

Faculty, CAS & COL, HOLY NAME UNIVERSITY
 ART. 5, RPC
DUTY OF THE COURT
Par. 1. Acts which should be repressed but which are not
yet covered by law.

Requisites:
1. The act committed by the accused appears not punishable by any
law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by
dismissing the case and acquitting the accused; and
4. The judge must then make a report to the Chief Executive, through
the Secretary of Justice , that the said act should be made the
subject of penal legislation.
Note:

The Philippines does not subscribe to the common law

crimes system. In this jurisdiction, if an act should be
repressed but there is no law punishing the same, the
proper decision of acquittal must be made. This in
consonance with the maxim “ nullum crimen nulla poena
sine lege”.
Par. 2. Excessive Penalties

Requisites:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court imposed for the
crime committed appears to be clearly excessive because:
a. The accused acted with the lesser degree of malice; and /or
b. There is no injury or the injury caused is of lesser gravity;
3. The court should not suspend the execution of the sentence; and
4. The judge should submit a statement to the Chief Executive,
through the Security of Justice, recommending executive clemency.
Ø The court must impose the penalty prescribed for the
crime committed although it finds the penalty too harsh
considering the conditions surrounding the commission
of the crime. The most the judge could do is to
recommend to the Chief Executive to grant executive
clemency.

Ø The duty of the court is to apply the law, disregarding

their feeling of sympathy or pity for an accused. Dura lex
sed lex (People v Amigo, GR No. 116719)
 Corpus v People
G.R. No 180016, 29 April 2014
Ø The accused was convicted of estafa. There was an
issue with regard to the penalty which should be
imposed especially on crimes against property as the
penalties were based on the value of money and
property in the 1930s when the Revised Penal Code was
enacted.
Ø The Supreme Court did not adjust the penalties based
on current values as this will constitute judicial
legislation. Pursuant to Article 5 of the Revised Penal
Code, it gave copy of decision to the President through
the DOJ.
Ø Congress then enacted Republic Act No. 10951.
Ø Republic Act No. 10951 drastically amended the Revised
Penal Code, specifically on the prescribed penalties for
majority of the crimes therein which are largely favorable
to the accused or convict and the law has been applied
retroactively by the Supreme Court even to final and
executory judgements.
Executive Clemency – power of the President to pardon a
person convicted of a criminal offense, or to commute the
related sentence or reduce it to a lesser sentence.

Note: Par 2, Art 5, RPC is not applicable to offenses

defined and penalized by a special law.
 Art. 6. CONSUMATED, FRUSTRATED &
ATTEMPTED FELONIES
(STAGES OF EXECUTION)
1. Consummated Felony;

2. Frustrated Felony; and

3. Attempted Felony
Formal Crimes or Crimes of Effect

Ø These are felonies which by a single act of the accused

consummates the offense as a matter of law(i.e. physical
injuries, acts of lasciviousness, attempted flight to an
enemy country, coercion, slander, illegal exaction)
Ø 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. Thus, in
slander, there is either a crime or no crime at all,
depending upon whether or not the defamatory words
were spoken publicly. (Reyes, Book One)
Material Crimes

Ø These are crimes which involve the three stages of

execution.
 Two Stages in the Development
of a Crime
1. Internal Acts:

a. such as mere thoughts or ideas in the mind of person.

b. Not punishable
2. External Acts cover:
a. Preparatory acts-ordinarily not punished except when
considered by law as independent crimes
Ø E.g Art 304, Possession of Picklocks and Similar tools)
Ø Proposal and conspiracy to commit a felony are not
punishable except when the law provides for their
punishment in certain felonies.
Ø These acts do not yet constitute even the first stage of
the acts of execution.
Ø Intent not yet disclosed.
Ø Illustration: Ernie goes to the kitchen to get a knife.
b. Acts of Execution –
Ø punishable under the RPC
Ø Usually overt acts with a logical relation to a particular
concrete offense.
Ø Illustration: Ernie stabs Bert

Note: A commission of the felony is deemed commenced

when the following are present:
(1) There are external acts.
(2)Such external acts have a direct connection with the
crime intended to be committed.
 Consummated Felony

Ø When all the elements necessary for its execution and

accomplishment are present; the felony is produced.

Note: The offender does not have to do anything else to

consummate the offense. He has already reached the
objective stage of the offense that he no longer has control
of his acts having already performed all that is necessary
to accomplish his purpose.
 Factors in Determining the Stage of
Execution of a Felony
1. The manner of committing the crime;
2. The elements of the crime; and
3. The nature of the crime itself.

Ø These three factors are helpful in trying to pinpoint

whether the crime is still in its attempted, frustrated or
consummated stage.
 The Manner of Committing the Crime

(a) Formal Crimes – consummated in one instant, no

attempt.
(i) Ex. Slander and false testimony
(ii) There can be no attempt, because between the thought
and the deed, there is no chain of acts that can be severed.
(b) Crimes consummated by mere attempt or proposal by
overt act
Ex. Flight to enemy’s country (Art. 121) and corruption of
minors (Art. 340)
(c) Felony by omission
There can be no attempted stage when the felony is by
omission, because the offender does not execute acts, he
omits to perform an act which the law requires him to do.

(d) Crimes requiring the intervention of two persons to

commit them are consummated by mere agreement
In bribery, the manner of committing the crime requires the
meeting of the minds between the giver and the receiver.
TO HAVE PERFORMED EVERY ACT FOR
ITS EXECUTION
Ø The Elements of the Crime – Along with the manner of
execution, there are crimes wherein the existence of
certain elements becomes the factor in determining its
consummation.
Ø In the crime of estafa, the element of damage is
essential before the crime could be consummated. If
there is no damage, even if the offender succeeded in
carting away the personal property involved, estafa
cannot be considered as consummated.
Ø On the other hand, if it were a crime of theft, damage or
intent to cause damage is not an element of theft.
 Frustrated Felony
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.

Elements:
a. The offender performs all the acts of execution.
b. All the acts performed would produce the felony as a
consequence( belief of accused as to whether or not he
had performed all acts of execution is immaterial);
c. But the felony is not produced; and
d. By reason of causes independent of the will of the
perpetrator
Ø the end of the subjective phase and the beginning of the
objective phase.

Ø Objective phase – The result of the acts of execution,

that is, the accomplishment of the crime.

Ø If the subjective and objective phases have been passed

there is a consummated felony.
 People v. Listerio (2000)
Facts:
Brothers Jeonito and Marlon were walking when they met a
group composed of men who blocked their path and
attacked them with lead pipes and bladed weapons. One
stabbed Jeonito from behind. Jeonito’s brother, Marlon,
was hit on the head.

Held:
Ø The SC held that the crime is a frustrated felony not an
attempted offense considering that after being stabbed
and clubbed twice in the head as a result of which he
lost consciousness and fell. Marlon's attackers
apparently thought he was already dead and fled.
Ø A crime cannot be held to be attempted unless the
offender, after beginning the commission of the crime by
overt acts, is prevented, against his will, by some outside
cause from performing all of the acts which should
produce the crime.
Ø In other words, to be an attempted crime, the purpose of
the offender must be thwarted by a foreign force or
agency which intervenes and compels him to stop prior
to the moment when he has performed all of the acts
which should produce the crime as a consequence,
which acts it is his intention to perform.
Ø If he has performed all the acts which should result in the
consummation of the crime and voluntarily desists from
proceeding further, it cannot be an attempt.
What crimes do not admit of a frustrated
stage?

Ø They are those , which, 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.
Examples of crimes, which do not admit of a
frustrated stage:
1. Rape, since the gravamen of the offense is carnal
knowledge, hence, no matter how slight the
penetration, the felony is consummated( people v Orita,
GR No.88724, April 3, 1990)
Ø No matter what the offender may do to accomplish a
penetration, if there was no penetration yet, it cannot be
said that the offender has performed all the acts of
execution.
Ø We can only say that the offender in rape has performed
all the acts of execution when he has effected a
penetration.
Ø 2. Arson
One cannot say that the offender, in the crime of arson,
has already performed all the acts of execution which
could produce the destruction of the premises through
the use of fire, unless a part of the premises has begun
to burn.
Ø The crime of arson is therefore consummated even if
only a portion of the wall or any part of the house is
burned. The consummation of the crime of arson does
not depend upon the extent of the damage caused.
[People v. Hernandez]
3. Indirect bribery, because it is committed by accepting
gifts offered to the public officer by reason of his office. If
he does not accept , he does not commit the crime. If he
accepts, it is consummated.
4. Direct bribery

Note: The manner of committing the crime requires the

meeting of the minds between the giver and the receiver. If
there is a meeting of the minds, there is consummated
bribery or consummated corruption.If there is none, it is
only attempted.
5. Corruption of Public Officers, because the offense
requires the concurrence of the will of both, such as that
when the offer is accepted, the offense is consummated.
But when the offer is rejected, the offense is merely
attempted.

6. Adultery, because the essence of the crime is sexual

congress. If that link is present, the crime is consummated.

7. Physical injury, since it cannot be determined whether

the injury will be slight, less serious or serious, unless and
until consummated; and
8. Theft, because the unlawful taking immediately
consummates the offense and the disposition of the thing is
not an element thereof (Valenzuela v People, GR No.
160188, June 21, 2007).

Ø Once there is unlawful taking, theft is consummated.

Ø Either the thing was taken or not.
Ø It does not matter how long the property was in the
possession of the accused; it does not matter whether
the property was disposed or not

Prepared by: Atty. Cheryl Ann S.

Villares, Faculty, COL, HNU, 1st
 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.

Elements:
1. The offender commences the commission of the felony directly by
overt acts;
2. He does not perform all the acts of execution which should produce
the felony;
3. The non- performance of all the acts of execution was due to a
cause or accident other than his own spontaneous desistance.
 Overt Act

Ø Some physical activity or deed, indicating the intention to

commit a particular crime, more than a mere planning or
preparation, which if carried to its complete termination
following its natural course, without being frustrated by
external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a
concrete offense.

Ø Marks the commencement of the subjective phase:

 Subjective phase

Ø That portion of the acts constituting a 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 (act’s) natural course .

Ø If between those two points, the offender is stopped by

reason of any cause outside of his own voluntary
desistance, the subjective phase has not been passed
and it is merely an attempt.
Ø Desistance – is an absolutory cause which negates
criminal liability because the law encourages a person to
desist from committing a crime.

Ø But, it does not negate all criminal liability, if the

desistance was made when acts done by him already
resulted in a felony, the offender will still be criminally
liable for the felony brought about by his act.

Ø What is negated is only the attempted stage, but there

may be other felonies arising from his act.
Note: Desistance is true only in the attempted stage of the
felony.
Ø If the felony is already in its frustrated stage, desistance
will NOT negate criminal liability.
Ø In the attempted stage, the definition uses the word
“directly.”
Ø The word “directly” emphasizes the requirement that the
attempted felony is that which is directly linked to the
overt act performed by the offender, not the felony he
has in his mind.
Note:
Ø The desistance which exempts from criminal liability has
reference to the crime intended to be committed by the
offender before his desistance (People v Lizada, GR No.
143468-71, January 24, 2003).

Ø When the cause of the non-performance of all the acts

necessary for the commission of the offense is other
than the offender’s spontaneous desistance, the felony is
attempted( People v Pareja, GR No.88043, Dec. 9,1996)
Ø There are some acts which are ingredients of a certain
crime, but which are, by themselves, already criminal
offenses like in the case of People v. Lamahang (1935)
where the act of removing the panel indicates only at
most the intention to enter, he can only be prosecuted
for trespass and not robbery.
 Kinds of Desistance

1. Legal Desistance
It is desistance referred to in law which would obviate
criminal liability unless the overt or preparatory act already
committed in themselves constitute a felony other than
what the actor intended. It is made during the attempted
stage.

2. Factual Desistance
It is the actual desistance of the actor; the actor is still liable
for the attempt. It is one made after the attempted stage of
the crime.
 People v. Campuhan (2000)

Facts:
Ø The mother of the 4-year-old victim caught the houseboy
Campuhan in the act of almost raping her daughter.

Ø The hymen of the victim was still intact. However, since it

was decided in People v. Orita that entry into labia is
considered rape even without rupture and full
penetration of the hymen, a question arises whether
what transpired was attempted or consummated rape.
• Held:
Ø There was only attempted rape.
Ø Mere touching of external genitalia by the penis is
already rape.
Ø Touching should be understood as inherently part of
entry of penis penetration and not mere touching, in the
ordinary sense, of the pudendum.
Ø Requires entry into the labia, even if there be no rupture
of the hymen or laceration of the vagina, to warrant a
conviction for consummated rape.
Ø Where entry into the labia has not been established, the
crime amounts to an attempted rape.
Ø The prosecution did not prove that Campuhan’s penis
was able to penetrate victim’s vagina because the
kneeling position of the accused obstructed the mother’s
view of the alleged sexual contact. The testimony of the
victim herself claimed that penis grazed but did not
penetrate her organ.
Ø There was only a shelling of the castle but no
bombardment of the drawbridge yet.
 Murder/Homicide/Parricide/Infanticide

1. With intent to kill, but no mortal wound is inflicted –

attempted

2. With intent to kill and mortal wound is inflicted but victim

does not die – frustrated

3. The moment the victim dies, intent to kill is conclusively

presumed - consummated
End of presentation!