Module 2 Edited

Isabela State University
College of Criminal Justice Education
MODULE 2
CRIMINAL LIABILITIES AND FELONIES
INTRODUCTION
This module will discuss about felony, its elements and classifications. It also covers
discussion about mistake of fact and how criminal liability is incurred which includes error in
personae, aberratio ictus, praeter intentionem and impossible crime. The last part of this module will
be a discussion about indeterminate offense and plurality of crime which includes complex crime,
special complex crime and continued crime.
LEARNING OBJECTIVES
At the end of the lesson, students should be able to:
1. explain what is felony, know its element and differentiates it to offense, misdemeanor and
crime;
2. identify the classifications of felonies and recall their elements;
3. differentiates grave felonies, less grave felonies and light felonies form each other and know
when light felonies is punishable;
4. know how criminal liability is incurred and explain the concept of error in personae, aberratio
ictus and praeter intentionem;
5. discuss the implication of proximate cause in criminal liability;
6. explain the concept of mistake of fact and its implication to criminal liability;
7. explain the concept of impossible crime, its elements and penalty; 8. explain when felony is
in its attempted, frustrated or consummated stage;
9. differentiates subjective phase to objective phase.
10. explain and recognize example of indeterminate offense.
11. explain the concept of plurality of crime which includes complex crime, special complex
crime and continued crime.
12. differentiates the two types of complex crime and know how complex crime is punish.
13. differentiates complex crime to special complex crime.
LEARNING CONTENTS Offense - A crimes punished

under a special law is called
as statutory offense.
2.1.FELONY AND ITS ELEMENTS
Misdemeanor- A minor
Felony (Delitos) is an act or omission punishable by the RPC. (Art. infraction of the law, such as a 3)
violation of an ordinance, is
referred to as a misdemeanor.
Elements of felonies in general
1. That there must be an act or omission. Crime- Whether the wrongdoing
2. That the act or omission must be punishable by the Revised Penal is punished under the Revised
Code. Penal Code or under a special law,
the generic word crime can be
3. That the act is performed or the omission incurred by means of used.
dolo (Deciet) or culpa (Fault).
1st element: That there must be an act or omission.
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Act any bodily movement tending to produce some effect in the external world, it being unnecessary
that the same be actually produced, as the possibility of its production is sufficient. Only external act
is punished.
 IN FELONY, THERE MUST BE A PHYSICAL ACT (Actus Reus). MERE
IMAGINATION no matter how wrong does not amount to a felony.
Omission is meant inaction, the failure to perform a positive duty which one is bound to do. There
must be a law requiring the doing or performance of an act.
 It is important that THERE IS A LAW REQUIRING THE PERFORMANCE OF AN ACT,
if there is NO POSITIVE DUTY, THERE IS NO LIABILITY.
Example: Art. 275. Abandonment of person in danger and abandonment of one’s own victim
2nd element: That the act or omission must be punishable by the RPC
 This is based upon the maxim, “nullumcrimen, nullapoena sine lege,” that, there is no crime
where there is no law punishing it.
 No felony shall be punishable by any penalty not prescribed by law prior to its commission.
(Article 21, RPC)
3rd element: That the act is performed or the omission incurred by means of
dolo (deceit) or culpa (fault).
MENS REA / MENTAL ELEMENT
MENS REA, is defined as "A GUILTY MIND, A GUILTY OR WRONGFUL PURPOSE OR
CRIMINAL INTENT”
 It is sometimes referred to in common parlance as the gravamen of the offense (BULLSEYE
OF THE CRIME).
 This term is used synonymously with criminal or deliberate intent
 It does not mean that if an act or omission is punished under the Revised Penal Code, a felony
is already committed. E.g (In self-defense the mental element to kill is not present because
the primordial consideration is to save one’s life.)
 For an act to be punishable, THERE MUST BE A CONCURRENCE BETWEEN THE
ACT AND THE INTENT.
PRESUMPTION OF CRIMINAL INTENT

 Criminal intent is presumed to exist only if the act is unlawful.
 The existence of criminal intent is shown by the OVERT ACT of a person.
 Example: Intent to kill is shown by assailants use of a deadly weapon and the wounds he
inflicted.
2.2.CLASSIFICATIONS OF FELONIES
According to the manner of their commission

1. Deceit (Intentional Felonies) - Dolo is deliberate intent otherwise referred to as criminal
intent, and must be coupled with freedom of action and intelligence on the part of the
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offender as to the act done by him. The term, therefore, has three requisites on the part of the
offender:
1. Freedom of action (voluntariness)
2. Intelligence
3. Criminal Intent –Presumed from the commission of unlawful act.
If any of these is absent, there is no dolo. If there is no dolo, there could be no intentional
felony.
 Actus non facitreum nisi mens sit rea, “the act itself does not make a man guilty unless
his intentions were so.
 Actus me invitofactus non estmeusactus, “an act done by me against my will is not my act.
Intent vs Motive
Intent Motive
The purpose to use a particular It implies motion. The moving
means to effect such result. – it is power which impels one to act
not a state of mind or a reason for for a definite result. When there
committing a crime. is motive in the commission of a crime, it
always comes before Determination to do a certain the intent. But a
crime may be thing, an aim or purpose of the committed without
motive. mind.
An ingredient of dolo or malice Not an element of a crime but and
thus an element of deliberate only considered when the felonies
(element of a crime). identity of the offender is in doubt. However,
it can be a used to prove a crime was indeed committed.
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING CRIMINAL

LIABILITY:
1. When the act brings about variant crimes.
2. The identity of the accused is doubtful.
3. The evidence on the commission of the crime is purely circumstantial.
4. Also, lack of motive can aid in showing the innocence of the accused.
Criminal Intent Criminal Intent is not deceit. Do not use deceit in translating dolo,
because the nearest translation is deliberate intent. In criminal law, intent is categorized
into two:
1.General criminal intent is presumed from the mere doing of a wrong act. This does
not require proof. The burden is upon the wrong doer to prove that he acted without
such criminal intent.
2.Specific criminal intent is not presumed because it is an ingredient or element of a
crime, like intent to kill in the crimes of attempted or frustrated
homicide/parricide/murder. The prosecution has the burden of proving the same.
The absence of intelligence means that the person is UNABLE TO ASSESS THE
DANGER OF A SITUATION.
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 He cannot be charged for lack of foresight and/or prudence because the person
cannot discern and predict the consequence of his course of action.
 Thus when a person acting without intelligence commits as punishable offense he
may be exempted from criminal liability.
2. Fault (Culpable Felonies) - wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill. Culpa requires the concurrence of three requisites:
1. criminal negligence on the part of the offender , that is, the crime was the result of
negligence, reckless imprudence, lack of foresight or lack of skill;
2. freedom of action on the part of the offender, that is, he was not acting under
duress; and
3. Intelligence on the part of the offender in performing the negligent act.
Between dolo and culpa, the distinction lies on the criminal intent and criminal
negligence. If any of these requisiteJs is absent, there can be no dolo nor culpa. When there
is no dolo or culpa, a felony cannot arise.
Imprudence – deficiency of action usually involves lack of skills; e.g. A was driving a truck along a
road. He hit B because it was raining – reckless imprudence.
Negligence – deficiency of perception; failure to foresee impending danger, usually involves lack of
foresight
Is culpa merely a mode of committing a crime or a crime in itself?
AS A MODE
 Under Article 3, it is clear that culpa is just a modality by which a felony may be committed.
 A felony may be committed or incurred through dolo or culpa.  Culpa is just a means by
which a felony may result.
AS A CRIME
 In Article 365, you have criminal negligence as an omission which the article definitely or
specifically penalized.
 The concept of criminal negligence is the inexcusable lack of precaution on the part of the
person performing or failing to perform an act.
According to stage of execution

(a) Formal Crimes: Crimes which are consummated in one instance.
Crimes which are consummated in one instant no attempt and no frustrated stages:
1. treason
2. misprision of treason
3. flight to enemy’s country
4. false testimony
5. abuse against chastity
6. corruption of minors
7. illegal exaction
8. slander
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(b) Material Felonies: Crimes that have various stages of execution.
Crimes with no frustrated stages;

1. Rape
2. Theft
3. Arson
4. Bribery
5. Corruption of Public Officers
6. Adultery 6) Physical Injury
7. Coup d’etat
Rule of thumb: Felonies that do not require any result do not have a frustrated stage.
(c) Felonies by omission: Crimes which have no attempted stage because the offender does
not execute acts. Felony is the omission of acts required by law to do.
(d) Felonies requiring intervention of two persons to commit them are consummated by
mere agreement – Example: conspiracy to commit treason and rebellion.
(e) Crimes consummated by mere attempt or proposal/overt act - Example: Proposal to
commit treason and rebellion, Flight to enemy’s country and corruption of minors.
According to their gravity (Article 9, Amended by Sec. 1, RA 10951)
1. Grave felonies- are those to which the law attaches the capital punishment (death penalty) or
penalties which in any of their periods are afflictive (Reclusion Perpetua, Reclusion Temporal,
Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary Special
Disqualification, & Prision Mayor.), in accordance with Article 25.
2. Less grave felonies- are those where the law attaches punishments which in their maximum
period are correctional. Ex. Prision Correction, Arresto Mayor, Suspesion & Destierro
3. Light felonies- are those infractions of law for the commission of which, the penalty of arresto
menor of a fine of not exceeding P40,000. 00 or both is provided. It includes public censure.
When light felonies are punishable? Light felonies are punishable only when they have
been consummated, with the exception of those committed against person or property.
(Article 7, RPC)
General Rule: Light felonies are punishable only when they have been consummated.
Exception: When committed against person or property.
Reason for the general rule:

Light felonies produce such light effect, such insignificant moral and material injuries that
public conscience is satisfied with providing a light penalty for their consummation. If
they are not consummated, the wrong done is so slight that there is no need of providing a
penalty at all. (Albert)
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Classification of light felonies punishable by the Revised Penal Code;

1. Slight physical injuries. (Art.266)
2. Theft. (Art 309 pars.7 and 8)
3. Alteration of boundary marks. (Art 313)
4. Malicious mischief.(art.328, par. 3;Art 329, par.3)
5. Intriguing against honor. (Art. 364)
Reason for the exception:

The commission of felonies against persons or property presupposes in the offender moral
depravity. For that reason, even attempted or frustrated light felonies against persons or
property are punishable.
Examples of light felonies against person:

6. Art. 266- Slight physical injuries and maltreatment.
Examples of light felonies against property:

1. Art. 309, No. 7- Theft by hunting or fishing or gathering fruits, cereals or other forest
or farm products upon an enclosed estate or field where trespass is forbidden and the
value of the thing stolen does not exceed P5.00
2. Art. 309, No. 8- Theft, where the value of the stolen property does not exceed P5.00
and the offender was prompted by hunger, poverty, or the difficulty of earning a
livelihood.
3. Art. 313. –alteration of boundary marks.
4. Art.328, No. 3 - Special cases of malicious mischief where the value of the damage is
not more than P200. 00
5. Art.329, No.3- other mischief where value of the damage is not more than P200. 00 or
cannot be estimated.
Importance of classification of felonies

1. To determine whether the felonies can be complexed or not within the purview of Art. 48 of
the Revised Penal Code
2. To determine the prescription of the crime and the prescription of penalty pursuant to Art.
9092 of the Revised Penal Code, respectively
FINES (Article 26 as amended by Sec. 2 of RA 10591)

Article 26 has nothing to do with the definition of felony it merely classifies fine as follows:
1. Afflictive-over P1, 200, 000.00
2. Correctional – P40,000 -P1, 200,000.00 (Not more than P1, 200,000 but not less than P40,
000)
3. Light penalty – Less than P40,000
Bond to keep the peace is by analogy:

1. Afflictive-over P1, 200, 000.00
2. Correctional – P40,000 -P1, 200,000.00 (Not more than P1, 200,000 but not less than
P40, 000)
3. Light penalty – Less than P40,000
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2.3.MISTAKE OF FACT A DEFENSE IN INTENTIONAL FELONY

In the context of criminal law, a "mistake of fact" is a misapprehension of a fact which, if
true, would have justified the act or omission which is the subject of the prosecution. Generally, a
reasonable mistake of fact is a defense to a charge of crime where it negates the intent component
of the crime. It may be a defense even if the offense charged requires proof of only general
intent. The inquiry is into the mistaken belief of the defendant, and it does not look at all to the
belief or state of mind of any other person.
While ignorance of the law excuses no one from compliance therewith (ignorantiablege non
excusat), ignorance or mistake of fact relieves the accused from criminal liability.
…Mistake of fact is misapprehension of fact on the part of the person who caused injury to
another. He is not however, criminally liable because he did not act with intent.
…An honest mistake of fact destroys the presumption of criminal intent which arises upon
the commission of a felonious act.
A proper invocation of this defense requires:

(f) that the mistake be honest and reasonable;
(g) that it be a matter of fact; and
(h) that it negate the culpability required to commit the crime or the existence of the mental
state which the statute prescribes with respect to an element of the offense.
Requisites of mistake of fact as a defense:

1. That the act done would have been lawful had the facts been as the accused
believed them to be;
2. That the intention of the accused in performing the act should be lawful; and 3.
That the mistake must be without fault or carelessness on the part of the accused.
NOTA BENE: It is an absolutory fact or justifying circumstances. Had the facts in the
mind of the accused been true, his action could have been a legitimate defense.
When honest mistake of fact is not applicable?

1) When there is mistake in identity (error in personae) 2)
When there is negligence on the part of the accused: and 3)
When accused committed culpable felony.
Example: United States v. Ah Chong.
Ah Chong being afraid of bad elements, locked himself in his room by placing a chair against the
door. After having gone to bed, he was awakened by somebody who was trying to open the door. He
asked the identity of the person, but he did not receive a response. Fearing that this intruder was a
robber, he leaped out of bed and said that he will kill the intruder should he attempt to enter. At that
moment, the chair struck him. Believing that he was attacked, he seized a knife and fatally wounded
the intruder.
Mistake of fact would be relevant only when the felony would have been intentional or through dolo,
but not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss
mistake of fact.
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2.4.CRIMINAL LIABILITY
Since in Article 3, a felony is an act or omission punishable by law, particularly the Revised
Penal Code, it follows that whoever commits a felony incurs criminal liability. In paragraph 1 of
Article 4, the law uses the word “felony”, that whoever commits a felony incurs criminal liability. A
felony may arise not only when it is intended, but also when it is the product of criminal negligence.
What makes paragraph 1 of Article 4 confusing is the addition of the qualifier “although the
wrongful act be different from what he intended.”
Criminal liability shall be incurred:

1. By any person committing a felony (delito) 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 an account of the
employment of inadequate or ineffectual means.
By any person committing a felony although the wrongful act done be different from that
which he intended.
 The rationale of this rule is found in the doctrine “el que escausa de la causa es causa
del mal causado” (he who is the cause of the cause is the cause of the evil caused).
 This mode presupposes two wrongful acts committed by the accused: (a) the one intended
to be committed; and (b) the one actually committed.
 It is an establish rule that a person is criminally responsible for acts committed by him in
violation of the law and for all the natural and logical consequences resulting therefrom.
Elements:
1. That an intentional felony has been committed.
2. That the wrong done to the aggrieved party be the direct natural and logical
consequence of the felony committed by the offender.
Three ways by which a person may commit a felony although the wrongful act done is
different from that which he intended.
1. Error in personae - mistake in the identity of the victim.

 The offender is liable even if the victim turns out to be different from the intended
victim.
 Only one crime is committed. Transferred intent rule applies.
 However, the criminal liability of the offender is affected, if the mistakein identity
resulted to a crime different from what the offender intended to commit, in which
case the lesser penalty between the crime intended and the crime committed shall
be imposed but in the maximum period (Art. 49. RPC).
Article 49. Penalty to be imposed upon the principals when the crime committed is
different from that intended. - In cases in which the felony committed is different from
that which the offender intended to commit, the following rules shall be observed:
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1. If the penalty prescribed for the felony committed be higher than that
corresponding to the offense which the accused intended to commit, the penalty
corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that
corresponding to the one which the accused intended to commit, the penalty for
the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the
acts committed by the guilty person shall also constitute an attempt or frustration
of another crime, if the law prescribes a higher penalty for either of the latter
offenses, in which case the penalty provided for the attempted or the frustrated
crime shall be imposed in its maximum period.
Example: A, intending to kill B, fires his gun at the latter but because of poor aim or
lack of precision, he hits C instead, who suffers serious physical injury.
How does error in personae affect criminal liability of the offender?

Error in personae is mitigating if the crime committed is different from that which
was intended. If the crime committed is the same as that which was intended, error in
personae does not affect the criminal liability of the offender.
In mistake of identity, if the crime committed was the same as the crime intended, but
on a different victim, error in persona does not affect the criminal liability of the
offender. But if the crime committed was different from the crime intended, Article
49 will apply and the penalty for the lesser crime will be applied. In a way, mistake in
identity is a mitigating circumstance where Article 49 applies. Where the crime
intended is more serious than the crime committed, the error in persona is not a
mitigating circumstance
2. Aberratio ictus - mistake in the blow.

 When the offender intending to do an injury to person actually inflicts it on
another. The offender is still liable although the one he injured or killed is another
person because it resulted from his felonious act.
 It brings about at least two (2) felonious consequence. Hence, the offender shall
be guilty of the crime actually committed by him, but the penalty to be imposed
shall either be the penalty for the crime actually committed or that for the crime
intended to be committed. Whichever is lower, but the same will be imposed in its
maximum period.
 In aberratio ictus, the intended victim as well as the actual victim are both at the
scene of the crime.
 Aberratio ictus, generally gives rise to a complex crime under Art. 48, RPC. This
being so, the penalty for the more serious crime is imposed in the maximum
period.
Examples:
1.B and C were walking together. A wanted to shoot B, but he instead injured
C. Here, a person directed the blow at an intended victim, but because of poor
aim, that blow landed on somebody else.
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2.At the height of an altercation, Pedrito shot Paulo but missed, hitting Tiburcio
instead, resulting in the death of the latter.
3.A, intending to kill B, his enemy lay in ambush for the latter to pass along a
dark alley. Because of the darkness, A fired his gun at a person passing by,
thinking him to be B. It turned out that the person shot was C, A's father.
3. Praeter intentionem - the injurious result is greater than that intended

 It takes place when the result of the felonious act is graver than was intended. It is a
mitigating circumstance. The offender is liable for the felony actually committed but
the penalty shall be imposed in its minimum period.
 The offended, will incur criminal liability for the felony actually committed by him,
but he will be entitled to the mitigating circumstance of not having intended to commit
so grave a wrong as that which he committed.
 This is a mitigating circumstance (Art. 13, par. 3, RPC) when there is a notorious
disparity between the act or means employed by the offender and the resulting felony,
i.e., the resulting felony could not be reasonably anticipated or foreseen by the
offender from the act or means employed by him.
Example: A, without intent to kill, strikes B with his fist at the back of the head,
causing B to fall down with his head hitting the asphalt pavement, resulting in the
fracture of his head that caused his death
What is Doctrine of Proximate Cause?

 It is 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.”
 A person committing a felony is criminally liable for all the natural and logical
consequences resulting therefrom although the wrongful act done be different from
that which he intended.
 “Natural” refers to an occurrence in the ordinary course of human life or events,
while
“logical” means that there is a rational connection between the act of the accused and the
resulting injury or damage.
Requisites:
1. the direct, natural, and logical cause
2. produces the injury or damage
3. unbroken by any sufficient intervening cause
4. without which the result would not have occurred
Proximate Cause is negated by:

1. Active force, distinct act, or fact absolutely foreign from the felonious act of the accused,
which serves as a sufficient intervening cause.
2. Resulting injury or damage is due to the intentional act of the victim.
 Proximate cause does not require that the offender needs to actually touch the body of the
offended party. It is enough that the offender generated in the mind of the offended party
the belief that made him risk himself. (US VS. VALDEZ (1921))
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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 an account of the
employment of inadequate or ineffectual means.
2.5.IMPOSSIBLE CRIME
What is impossible crime?

It is 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.
Purpose of Punishing it: to suppress criminal propensity or Is impossible crime really a

crime?
criminal tendencies. Objectively, the offender has not committed a
felony, but subjectively, he is a criminal. No. An impossible crime is not
really a crime. It is only so-called
Elements: because the act gives rise to
criminal liability. But actually, no
1. That the act performed would be an offense
felony is committed. The accused
against person or property; is to be punished for his criminal
2. That the act was done with evil intent; tendency or propensity although
3. That its accomplishment is inherently impossible no crime was committed.
or that the means employed is either inadequate or ineffectual and

 When we say inherent impossibility, this means that under any and all circumstances, the
crime could not have materialized. If the crime could have materialized under a different
set of facts, employing the same mean or the same act, it is not an impossible crime; it
would be an attempted felony. To be impossible under this clause, the act intended by the
offender must be by its nature one impossible of accomplishment. There must be either
(1) legal impossibility, or (2) physical impossibility of accomplishing the intended act in
order to qualify the act as an impossible crime.
1. Legal impossibility occurs where the intended acts, even if completed,

would not amount to a crime. It would apply to those circumstances where
a. the motive, desire and expectation is to perform an act in violation of
the law;
b.there is intention to perform the physical act;
c. there is a performance of the intended physical act; and
d.the consequence resulting from the intended act does not amount to
a crime.
Examples:
A. Killing a person already dead. A dead person cannot be injured or

killed again. (Read: People vs. Balmores, 85 Phil. 493, 1950).
B. X stole a watch from the possession of C which turned out to be the

watch he owns but lost 2 weeks earlier. X cannot be the thief of his
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own property. In theft, it is essential that the offender take a personal

property belonging to another.
2. Factual impossibility occurs when extraneous

Intod vs. CA, G.R. No. 103119,
circumstances unknown to the actor or beyond his control
October 21, 1992
prevent the consummation of the intended crime. (Read: Four culprits, all armed with firearms
Intod vs. Court of and with intent to kill, went to the
Appeals) intended victim’s house and after
having pinpointed the latter’s
bedroom, all four fired at and riddled
Examples: the said room with bullets, thinking
that the intended victim was already
there as it was about 10:00 in the
A. A man who puts his hand in the evening. It so happened that the
coat pocket of another with the intended victim did not come home
intention to steal the latter's that evening and so was not in her
bedroom at that time. Eventually the
wallet and finds the pocket culprits were prosecuted and convicted
empty. by the trial court for attempted
murder. CA affirmed the judgment but
the SC modified the same and held the
B. X shoots the place where he
petitioner liable only for the so-called
thought his victim Z would be, impossible
although in reality, Z was not
present in said place.
Employment of inadequate means: A used poison to kill B. However, B survived because A used
small quantities of poison.
Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet came out because the
gun was empty.
4. That the act performed should not constitute a violation of another provision of
the Revised Penal Code.
Examples:
1. A administered abortive drugs upon his girlfriend B whom he believed to be pregnant which
turned out not to be true. B became ill for more than 30 days. B will not be liable for impossible
crime of abortion but for serious physical injuries.
2. A, with intent to take the watch of B who was then leaning on a tree, stabbed the latter and then
took his watch. It turned out that B had been dead hours before. What crime/s were committed?
If B were alive before he was stabbed, A would have been liable for robbery with homicide.
Seemingly, A is liable for impossible crime of homicide because there is an inherent
impossibility of killing B because the latter was already dead before the assault. But A could not
be liable for impossible crime of homicide because also committed another crime which is theft.
Thus, A is liable for theft.
Is there an impossible crime of rape?

Yes, because rape now is a crime against persons. Ex. A raped the corpse of Z.
What will be the liability of the offender if the crime is not produced although there is
adequate or effectual means employed?
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If the crime is not produced although there is adequate or effectual means employed, it cannot be
impossible crime but a frustrated felony. So, if a sufficient quantity of poison was administered
to the victim but he did not die, the felony was not produced due to his possible impunity to the
poison, which is an act independent of the will of the offender. (Gregorio, Fundamentals of
Criminal Law Review)
Is there such ATTEMPTED or FRUSTRATED IMPOSSIBLE CRIME?

 There is no ATTEMPTED OR FRUSTRATED IMPOSSIBLE CRIME because all acts
have been performed already.
 No ATTEMPTED version is possible and performance of all acts constitutes
CONSUMMATION.
Penalty for impossible crime

 The penalty is provided under Article 59.
“Article 59.Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. – When the person intending to commit an offense
has already performed the acts for the execution of the same but nevertheless the crime was not
produced by reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine
from 200 to 500 pesos.”
Example:
1. A, claimed that he misplaced his wallet inside their classroom. Days later, he saw his
wallet in the possession of his classmate. He confronted his classmate but the latter denied
that he took the wallet. To get even, A likewise take the wallet of his classmate. However,
it turned out that the wallet A took was his missing wallet.
2. In a public crowded place, a person with intent to gain, illegally and successfully took the
wallet belonging to another, but unfortunately upon searching the entries of the wallet not
even a single centavo was found inside.
3. A wife and her paramour were unintentionally found by her husband, who came from a
long and tiring work assigned in the other town, as both were naked and seemed to have
been fall in a deep sleep. And because of what he saw, his heart crushed and without any
doubt took his gun and shot both his wife and the other man. Eventually, based on the
forensic investigations and police reports conducted, it was found out that his wife and the
paramour were already dead three hours before the husband came to their house.
In the first two example, the crime committed is against the property of another. The
purpose of gaining was not accomplished considering that in the first example a person
cannot be held liable for stealing his own property and in the second example there was
no money found inside the wallet. Hence, there is an impossibility of crime of theft.
A crime against the person is what transpires in the third example. Killing an already
dead person can neither fall under the crime of murder nor homicide since you can no
13
longer inflict or employ harm or injury to a cadaver. As such, there is an impossibility of

a crime of murder or homicide.
2.6.STAGES IN THE COMMISSION OF A FELONY (Article 6, RPC)

Article 6 is applicable only to intentional felonies by positive acts but not to: (i). Felonies by
omission (ii) Culpable felonies and (iii) Violations of special laws, unless the special law
provides for an attempted or frustrated stage. Examples of the exception are The Dangerous
Drugs Law which penalizes an attempt to violate some of its provisions, and The Human
Security Act of 2007
Development of a crime
 From the moment the culprit conceives the idea of committing a crime up to the realization
of the same, his act pass through certain stages. These stages are (1) internal acts and (2)
external acts.
a. 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 crime. o Mere INTENT producing
NO EFFECT is not liable; Vice versa also not a crime
o Mental acts such as thoughts, ideas, opinions and beliefs, are not subject
of penal legislations. One may express an idea which is contrary to
law, morals or is unconventional, but as long as he does not act on
them or induce others to act on them, such mental matters are outside
the realm of penal law and the person may not be subjected to criminal
prosecution.
b. External acts covers:

(a) Preparatory acts - Acts which may or may not lead to the commission of a
concrete crime. ACTS TENDING TOWARDS THE CRIME.
General Rule: not punishable
Example: Ernie goes to the kitchen to get a knife, buying of a gun, bolo or
poison, even if the purpose is to use these to kill a person; so also with
conspiracies and proposals.
Exception: when there is a specific law punishing it.
Hence, proposal and conspiracy to commit felonies, which are only

preparatory acts, are not punishable, except when the law provides for their
punishment in certain felonies (Art 8, RPC) like conspiracy and proposal to
commit treason, conspiracy and proposal to commit rebellion and coup d’ etat
and possession of picklock and false keys.
(b) Acts of execution, usually overt acts with a logical relation to a particular
concrete offense. Acts of execution are those acts done or directly connected
in
the commission of crime, being essential elements of the crime committed.
This refers to the he attempted, frustrated and consummated stages
Example: Ernie stabs Bert.
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a. Attempted Stage
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 (offender) own spontaneous desistance.
 The attempt which the Penal Code punishes is that which has a connection to a particular,
concrete offense, that which is the beginning of the execution of the offense by overt acts
of the perpetrator, leading directly to its realization and commission.
 The act must not be equivocal but indicates a clear intention to commit a particular and
specific felony. Thus the act of a notorious criminal in following a woman cannot be the
attempted stage of any felony.
Overt Act is some physical activity or deed,
Elements: indicating the intention to commit a particular
crime, more than a mere planning or
1. The offender commences the commission of the preparation, which if carried to its complete
felony directly by overt acts; termination following its natural course,
 Must be committed by person himself without being frustrated by external obstacles
nor by the voluntary desistance of the
who wants to commit the offense perpetrator, will logically and necessarily ripen
2. He does not perform all the acts of execution which into a concrete offense.
should produce the felony;
When is the commission of a felony deemed
3. The offender’s act is not stopped by his own commenced directly by overt acts?
spontaneous desistance;
 If the accused voluntarily desisted i.e When the following two requisites are present:
(1) That there be external acts,
he himself decided not to continue (2) Such external acts have direct
with his criminal purpose, then he is connection with the crime intended
not liable. No crime if person stops to be committed.
himself.
Reason: This is an absolutory cause by way of reward to those who, having set
one foot on the verge of crimes, heed the call of their conscience and return to
the path of righteousness.
Exceptions: when the accused is liable despite his desistance
1. When the act performed prior to the desistance already constituted

the attempted stage of the intended felony. The desistance must be
made BEFORE completion of all acts for execution.
Examples:
a. The accused, with intent to kill, shot at the victim but missed
after which he “desisted”, his acts already constituted attempted
homicide.
b. A fires at B but did not hit. B says stop and pleaded to A not to
kill him. A stops. A still liable since he had already acted with
intent to kill before stopping.
2. When the acts performed already gave rise to the intended felony.
The decision not to continue is not a legal but factual desistance. As in
the case of a thief who returned what he stole.
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3. When the acts performed constitute a separate offense. Pointing a

gun at another and threatening to kill, and then desisting gives rise to
grave threats.
4. The non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance.
Example:
1. Cause – A pickpockets B, but B catches him.
2. Accident – A shoots B but the gun jams and does not fire.
NOTE: ATTEMPTED FELONY do not pass the Subjective Phase. The portion of acts
constituting the crime starting from point where offender begins the commission until where
he has still control over his act. Hence, the offender in attempted stage can still control his act
and can still prevent the crime. If the offender was stopped between those two points other
than his own will, it is ATTEMPTED. But, if the offender stopped after last act but crime still
fails, it is FRUSTRATED.
Example: If A after buying poison mixed the poison with the food
Two phases of felony
1. Subjective Phase- It is that intended for B and the latter, not knowing that it contained poison,
portion of the acts constituting put into his mouth a spoonful thereof, the act of A was more than
a the crime, starting from the point mere planning or preparation for the commission of murder. The
where the offender begins the
commission of the crime to that buying of poison and mixing it with the food of B who later put
point where he has still control into his mouth part thereof to eat it, taken together, constituted the
over his acts, including their
natural course.
overt acts of murder. The nature of the external act thus performed
2. Objective Phase- It is that portion by A clearly indicated that he intended to commit the crime of
of the acts of the offender, where murder. If for some reason or another, B threw away the food with
he has no more control over the
poison from his mouth; A is liable for attempted murder.
same. All the acts of execution
have been performed by him. He
is now in the waiting stage.
NOTE: In the crime of rape, penetration is an essential act of

execution to produce the felony. Thus, for there to be an attempted rape, the accused must have
commenced the act of penetrating his sexual organ to the vagina of the victim but for some cause or
accident other than his own spontaneous desistance, the penetration, however slight, is not
completed. (Read Perez vs. Court of Appeals, 382 SCRA 182, 2002)
Rape is either attempted or consummated. There can be no frustrated rape. The Supreme Court said
in Orita:
“Clearly, in the crime of rape, from the moment the offender has carnal knowledge of his
victim, he actually attains his purpose and, from that moment also all the essential elements of the
offense have been accomplished. Nothing more is left to be done by the offender, because he has
performed the last act necessary to produce the crime. Thus, the felony is consummated. In a long line
of cases, we have set the uniform rule that for the consummation of rape, perfect penetration is not
essential. Any penetration of the female organ by the male organ is sufficient. Entry of the labia or lips
of the female organ, without rupture of the hymen or laceration of the vagina, is sufficient to warrant
conviction. Necessarily, rape is attempted if there is no penetration of the female organ because not all
acts of execution were performed.
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The offender merely commenced the commission of a felony directly by overt acts. Taking into account
the nature, elements, and manner of execution of the crime of rape and jurisprudence on the matter, it is
hardly conceivable how the frustrated stage in rape can ever be committed.” (Read People vs. Aca-ac,
357 SCRA 373, 2001)
Desistance
Desistance on the part of the offender negates criminal liability in the attempted stage.
Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the
act done is already in the frustrated stage, no amount of desistance will negate criminal liability.
The spontaneous desistance of the offender negates only the attempted stage but not necessarily
all criminal liability. Even though there was desistance on the part of the offender, if the desistance
was made when acts done by him already resulted to a felony, that offender will still be criminally
liable for the felony brought about his act
In deciding whether a felony is attempted or frustrated or consummated, there are three
criteria involved:
(1) The manner of committing the crime; (2)
The elements of the crime; and
(3) The nature of the crime itself.
 Applications:
1. A put poison in B’s food. B threw away his food. A is liable – attempted murder.
2. A stole B’s car, but he returned it. A is liable – (consummated) theft.
3. A aimed his gun at B. C held A’s hand and prevented him from shooting B – attempted
murder.
4. A inflicted a mortal wound on B. B managed to survive – frustrated murder.
5. A intended to kill B by shooting him. A missed – attempted murder.
6. A doused B’s house with kerosene. But before he could light the match, he was caught –
attempted arson.
7. A cause a blaze, but did not burn the house of B – frustrated arson.
8. B’s house was set on fire by A – (consummated) arson.
9. A tried to rape B. B managed to escape. There was no penetration – attempted rape.
10. A got hold of B’s painting. A was caught before he could leave B’s house – frustrated
robbery.
The attempted stage is said to be within the subjective phase of execution of a felony. On the
subjective phase, it is that point in time when the offender begins the commission of an overt act
until that point where he loses control of the commission of the crime already. If he has reached that
point where he can no longer control the ensuing consequence, the crime has already passed the
subjective phase and, therefore, it is no longer attempted. The moment the execution of the crime
has already gone to that point where the felony should follow as a consequence, it is either already
frustrated or consummated. If the felony does not follow as a consequence, it is already frustrated.
If the felony follows as a consequence, it is consummated.
although the offender may not have done the act to bring about the felony as a consequence, if
he could have continued committing those acts but he himself did not proceed because he believed
that he had done enough to consummate the crime, Supreme Court said the subjective phase has
passed
b. Frustrated Stage
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It is frustrated 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.
 If all acts are performed and nothing else is to be done, but still fails, it is FRUSTRATED.
 The accused has passed the subjective phase and is now in the objective phase, or that
portion in the commission of the crime where the accused has performed the last act
necessary to produce the intended crime and where he has no more control over the
results of his acts.
Elements:
1. The offender performed all the acts of execution.
2. All the acts performed would produce the felony as a consequences:
3. But the felony is not produced:
4. By reason of causes independent of the will of the perpetrator. (Example: prompt
medical attention)
 The non-production of the crime should not be due to the acts of the accused himself, for
if it were he would be liable not for the frustrated stage of the intended crime, but possibly
for another offense. Thus: where the accused shot the victim mortally wounding him, but
he himself saved the life of his victim, his liability is that for serious physical injuries as
the intent to kill is absent.
 If stopped by own will, then intent to kill disappears.
NOTE: Here, the offender has no more control as to the outcome of his acts. He can no longer
prevent the consequence of his acts.
NOTES ON ARSON;
The weight of the authority is that the crime of arson cannot be committed in the frustrated
stage. The reason is because we can hardly determine whether the offender has performed all the
acts of execution that would result in arson, as a consequence, unless a part of the premises has
started to burn. On the other hand, the moment a particle or a molecule of the premises has
blackened, in law, arson is consummated. This is because consummated arson does not require that
the whole of the premises be burned. It is enough that any part of the premises, no matter how small,
has begun to burn.
ESTAFA VS. THEFT

In estafa, the offender receives the property; he does not take it. But in receiving the property,
the recipient may be committing theft, not estafa, if what was transferred to him was only the
physical or material possession of the object. It can only be estafa if what was transferred to him is
not only material or physical possession but juridical possession as well.
When you are discussing estafa, do not talk about intent to gain. In the same manner that when
you are discussing the crime of theft, do not talk of damage.
Nature of the crime itself

In crimes involving the taking of human life – parricide, homicide, and murder – in the
definition of the frustrated stage, it is indispensable that the victim be mortally wounded. Under the
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definition of the frustrated stage, to consider the offender as having performed all the acts of
execution, the acts already done by him must produce or be capable of producing a felony as a
consequence. The general rule is that there must be a fatal injury inflicted, because it is only then that
death will follow. If the wound is not mortal, the crime is only attempted. The reason is that the
wound inflicted is not capable of bringing about the desired felony of parricide, murder or homicide
as a consequence; it cannot be said that the offender has performed all the acts of execution which
would produce parricide, homicide or murder as a result.
An exception to the general rule is the so-called subjective phase. The Supreme Court has
decided cases which applied the subjective standard that when the offender himself believed that he
had performed all the acts of execution, even though no mortal wound was inflicted, the act is
already in the frustrated stage.
The common notion is that when there is conspiracy involved, the participants are punished as
principals. This notion is no longer absolute. In the case of People v. Nierra, the Supreme Court
ruled that even though there was conspiracy, if a co-conspirator merely cooperated in the commission
of the crime with insignificant or minimal acts, such that even without his cooperation, the crime
could be carried out as well, such co-conspirator should be punished as an accomplice only.
Attempted Stage vs Frustrated
Attempted Felony Frustrated Felony

Overt acts of execution are All acts of execution are finished
started BUT not all acts of BUT crime sought to be committed is
execution are present not achieved
Why
Due to reasons other than the Due to intervening cause independent
spontaneous desistance of the of the will other perpetrator
perpetrator
Position in the timeline
Offender still in subjective phase Offender is already in the objective
because he still has control of his phase because all acts of execution
acts, including their natural cause. are already present and the cause of
its non-accomplishment is other than
the offender’s will
Where the accused, with intent to kill, injured the victim but the latter did not die, when is the crime
attempted or frustrated?
1. First View: “The subjective phase doctrine”. If at that point where the accused has still
control over the results of his actions but is stopped by reason outside of his own desistance
and the subjective phase has not been passed, the offense is attempted
2. Second View: The Mortal Wound or Life Threatening Injury Doctrine: If a mortal wound or
life threatening injury had been inflicted, the offense is frustrated, else it is attempted. (Read:
People v. Palaganas G.R. No. 165483 September 12, 2006 )
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NOTE: For crime of homicide and murder, usually if injury is not mortal/fatal then it is only
attempted felony, if injury is mortal/fatal but the victim survive then it is frustrated and if
injury is mortal/fatal and the victim died then it is consummated.
3. Third View: The belief of the accused should be considered in that if the accused believed he
has done all which is necessary to produce death, then it is frustrated.
c. Consummated Stage
A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
Factors to Consider in determining the proper stage

A. The manner of the commission of the crime and how it is defined by the RPC. Some
crimes have only the consumated stage (Formal crimes) such as threats, coercion, alarms and
scandal, slander, acts of lasciviousness. In rape the gravamen is whether there is penetration or
not, no matter how slight, hence rape is either attempted or consummated. B. The elements of
the felony.
1. Theft: it is consummated once the article is in the material physical possession of the
accused, whether actual or constructive. His ability to dispose off the thing his immaterial
and does not constitute an element.
2. Estafa: It is not the material possession but the existence of damage which consummates
the crime.
3. Robbery with Force upon Things: The thing must be brought out of the building to
consummate the crime.
C. The Nature of the Felony Itself

1. Crimes which require the participation of two persons have no frustrated stage. Examples:
Adultery and concubinage; corruption of a public official.
2. There are crimes which are punished according to their results and not the intention of the
accused such as physical injuries.
3. As to Arson: it is consummated once a part of the building is burned. It has been ruled
that if the accused lit certain materials but no part of the building as burned, the crime is
in its frustrated stage and if there was no material which was as yet lit, then arson is still in
its attempted. Thus one who places sacks soaked in gasoline near the post and lit it but no
part of the building was burned, committed frustrated arson.
2.7.INDETERMINATE OFFENSE
It is one where the purpose of the offender in performing an act is not certain. Its nature in
relation to its objective is ambiguous.
Example of indeterminate offense which is punishable: At an early dawn, A was surprised
by a policeman while in the act of making an opening with an iron bar on the wall of a store of
cheap goods. At that time the owner of the store was sleeping inside with another Chinese. A had
only succeeded in breaking one board and in unfastening another from the wall.
2.8.PLURALITY OF CRIMES (CONCURSU DE DELITOS)

It consists of the successive execution by the same individual of different criminal acts for
any of which no conviction has yet been declared.
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Philosophy behind plural crimes

Through the concept of plural crimes, several crimes are treated as one. The purpose of this is
to allow leniency towards the offender, who, instead of being made to suffer distinct penalties for
every resulting crime is made to suffer one penalty only, although it is the penalty for the most
serious one and is imposed in its maximum period. Purpose is in the pursuance of the rule of pro
reo. If be complexing the crime, the penalty would turn out to behigher, do not complex
anymore.
Kinds of Plurality of Crimes

(1) Real or Material Plurality
(a) There are different crimes in law as well as in the conscience of the offender.
(b) In such cases, the offender shall be punished for each and every offense that he
committed.
(2)Formal or Ideal Plurality
(a) There is but one criminal liability in this kind of plurality.
(b) Divided into 3 groups:
(i) Complex Crimes - When the offender commits either of the complex crimes defined in
Art. 48 of the Code.
(j) Special Complex Crimes - When the law specifically fixes a single penalty for 2 or
more offenses committed.
(k) Continuing and Continued or Continous Crimes
2.9.COMPLEX CRIMES
When a single act constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period. (Article 48)
The offender, in executing various acts, must have a single purpose.
Penalty for complex crimes: The penalty for the most serious crime shall be imposed in its
MAXIMUM PERIOD.
Types of Complex Crimes

1. Compound Crimes- When a single act constitutes two or more grave or less grave felonies.
Requisites:
a. That only a single act is performed by the offender.
b. That the single act produces
1. two or more grave felonies,
2. one or more grave and one or more less grave felonies, 3. two or more less
grave felonies.
Examples:
1. The single act of rolling the hand grenade on the floor killing two or more
person.
2. Single act of running over the victims with a van.
2. Complex Crime Proper - When an offense is a necessary means for committing the other.
Requisites:
a. That at least two offenses are committed.
b. That one or some of the offenses must be necessary to commit the other.
c. That both or all the offenses must be punished under the same statute.
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The compound crime and the complex crime are treated in Article 48 of the Revised Penal
Code. But in such article, a compound crime is also designated as a complex crime, but “complex
crimes” are limited only to a situation where the resulting felonies are grave and/or less grave.
Whereas in a compound crime, there is no limit as to the gravity of the resulting crimes as long as
a single act brings about two or more crimes. Strictly speaking, compound crimes are not limited
to grave or less grave felonies but covers all single act that result in two or more crimes.
There is NO complex crime:

1. when in the definition of a felony one offense is a means to commit the other (murder
qualified by means of fire which by itself is arson)
2. when one offense is committed to conceal the other (not necessary means)
3. when one of the offenses is penalized by a special law (example: homicide and illegal
possession of firearms)
4. when two or more crimes are committed but a) not by a single act or b) one is not a
necessary means for committing the other
5. of rebellion with murder, arson, robbery or other common crimes
2.10. SPECIAL COMPLEX CRIMES (COMPOSITE CRIMES)

Special Complex Crimes s one in which substance is made up of more than one crime, but which
in the eyes of the law only single indivisible offense is. It composed of two or more crimes that
the law treats as a single indivisible and unique offense for being the product of a single criminal
impulse. It is a specific crime with a specific penalty provided by law.
Examples:
1. Robbery with homicide (Art. 294, par. 1),
2. Robbery with rape (Art. 294, par. 2),
3. Kidnapping with serious physical injuries (Art. 267, par. 3), 4. Kidnapping with murder
or homicide (Art. 267, last par.),
5. Rape with homicide (Art. 335).
6. Robbery with Arson
7. Kidnapping with rape
8. Arson with homicide
 Art. 48 does not apply because the Revised Penal Code provides for one single penalty for
each of those special complex crimes.
Special Complex Crimes vs. Complex Crime

(1) In a composite crime, the composition of the offenses is fixed by law; In a complex or
compound crime, the combination of the offenses is not specified but generalized, that is,
grave and/or less grave, or one offense being the necessary means to commit the other;
(2) For a composite crime, the penalty for the specified combination of crimes is specific; for a
complex or compound crime, the penalty is that corresponding to the most serious offense, to
be imposed in the maximum period; and
(3) A light felony that accompanies a composite crime is absorbed; a light felony that
accompanies the commission of a complex or compound crime may be the subject of a
separate information
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2.11. CONTINUED CRIME (DELITO CONTINUADO)

Delito continuado or continued crime, is a term used to denote as only one crime a series of
felonious acts arising from a single criminal resolution, not susceptible of division, which are
carried out in the same place and at about the same time, and violating one and the same penal
provision.
 NOT a complex crime: offender does not commit only a single act but a series of acts
 Not being a complex crime, the penalty should not be imposed in its maximum period
It mandates that only one information should be filed against the offender although a series of
felonious acts were performed; the term “continuing crime" is more pertinently used with
reference to the venue where the criminal action may be instituted.
(a) The offender here does not perform a single act, but a series of acts, and one offense is not
a necessary means for continuing the other.
(b) Hence, the penalty is not to be imposed in its maximum period.
Requisites:
1. Plurality of acts performed separately during a period of time.
2. Unity of criminal intent and purpose.
3. Unity of penal provision infringed upon or violated.
Example: A thief who took from a yard of a house two game roosters belonging to two
different persons was ruled to have committed only one crime of theft, because there is a
unity of thought in the criminal purpose of the offender. The accused was animated by a
single criminal impulse.
Continuing or Transitory Crime

A continuing offense is one whose essential ingredients took place in more than one municipality or
city, so much so that the criminal prosecution may be instituted and the case tried in the competent
court of any one of such municipality or city.
A continued crime is different from a transitory crime (moving crime.) in criminal procedure
for purposes of determining venue. When a transitory crime is committed, the criminal action may be
instituted and tried in the court of the municipality, city or province wherein any of the essential
ingredients thereof took place.
LEARNING TASK
Read and digest the following cases:
1. Ah Chong 15 Phil. 488, G.R. No. L-5272 March 19, 1910 – Mistake of facts
2. People v. Oanis, 74 Phil. 257, G.R. No.L-47722 July 27, 1943– Mistake of facts
3. People vs. Adriano, G.R. No. 205228, July 15, 2015– Aberratio ictus
4. People vs. Abarca, G.R. No. 74433, 14 September 1987 – Aberratio ictus
5. Intod vs. Court of Appeals, G.R. No. 103119, October 21, 1992 - Impossible Crime
6. People vs. Balmores, 85 Phil. 493, 1950- Impossible Crime
7. Jacinto vs. People (GR No. 162540, July 13, 2009)-Impossible Crime
8. Quinto vs. Andres, 453 SCRA 511 (2005) – Proximate Cause
9. People vs. Sixto Tabago, GR No. 69778, 1988-11-08 – Stage of execution
10. People vs. Palaganas G.R. No. 165483 September 12, 2006 - Stage of execution
11. Parulan vs. Rodas, G.R. No. L-1536, July 31, 1947-Complex Crime
12. People vs. BernardoG.R. No. 198789June 3, 2013—Special Complex Crime
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LEARNING DISCUSSION

2.0
(FELONY AND HOW IT IS INCURRED)
Name: ________________________________________________Score:______________________
Year/Section:___________________________________________Date:______________________
1. Define of give the meaning of the following:
a. Felony
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b. Negligence
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c. Imprudence
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d. Intent
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e. Motive
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f. Grave felony
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g. Less Grave Felony

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h. Light Felony
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__________________________________________________________________________
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2. Discussions
a. What are the requisites of a felony?

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b. What are the elements of dolo?

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c. What the elements of culpa?

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d. How are felonies classified according to manner or mode of execution?

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e. How criminal liability is incurred?

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LEARNING DISCUSSION

2.1
(ERROR IN PERSONAE, ABERRATIO ICTUS AND PRATER INTENTIONEM AND
IMPOSSIBLE CRIME)
Name: ________________________________________________Score:______________________
INSTRUCTION. Explain your answer clearly and concisely. Mere yes or no answer will not be
given points.
1. A stabbed his friend when they had a drinking spree. While they were drinking, they had
some argument about a basketball game and they could not agree, so he stabbed him eleven
times. His defense is that he had no intention of killing his friend. Is there a praeter
intentionem in this case? Explain.
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2. A and B are enemies. As soon as A saw B at a distance, A shot at B. However, because of

poor aim, it was not B who was hit but C. What circumstances is present in this case?
Explain.
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3. C shot and killed E thinking that the latter was D, his nemesis. C claims that he should not be
held criminally liable as there was clearly a mistake in the identity of the victim.
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27
4. A thought of killing B. He positioned himself at one corner where B would usually pass.
When a figure resembling B was approaching, A hid and when that figure was near him, he
suddenly hit him with a piece of wood on the nape, killing him. But it turned out that it was
his own father. What circumstances is present in this case? Explain.
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5. Mang Ando slapped her wife for nagging at him. Accidentally, due to the force exerted by
Mang Ando in slapping her, she was outbalanced. Her head banged against the floor that
resulted to her death. In the given situation, what circumstances is describes?
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6. During a shooting incident Mr. Dimakapigil shoot his enemy but missed. The bullet however
hit a by stander. In the given situation, what circumstances is describes? Explain.
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7. Junior waited for his enemy in a dark alley. When he saw a guy who looks like his enemy,
he shot him with a cal. 45 pistol which resulted to his immediate death. Junior learned
thereafter that the guy he shot was his father. In the given situation, what circumstances is
describes?
Explain.
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28
LEARNING DISCUSSION

8. A thought that B was just sleeping. B was already dead. A shot B.

a. Is A liable to impossible crime? Why?
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b. How about if A knew that B is dead and he still shot him? Why?
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2.2
(IMPOSSIBLE CRIME)
Name: ________________________________________________Score:______________________
INSTRUCTION. Explain your answer clearly and concisely. Mere yes or no answer will not be
given points.
1. Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One
day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on
the pretext that he was going to kill a sick pet, when actually Puti was intending to poison
Pula. The Vet instantly gave Puti a non-toxic solution which, when mixed with Pula’s food,
did not kill Pula.
a. What crime, if any, did Puti commit? Why?
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b. Would your answer be the same if, as a result of the mixture, Pula got an upset
stomach and had to be hospitalized for 10 days? Why?
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29
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2. Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her
parents to drive her to and from school every day. Enrique wrote a ransom note demanding
that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However,
before the ransom note could be received by Carla’s parents, Enrique’s hideout was
discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor
considered that the ransom note was never received by Carla’s parents and filed a case of
“Impossible crime to commit kidnapping” against Enrique. Is there a Impossible crime to
commit kidnapping” against Enrique? Why?
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3. A, B, C and D, all armed with armalites, proceeded to the house of X. Y, a neighbor of X,

who happened to be passing by, pointed to the four culprits the room that X occupied. The
four culprits peppered the room with bullets. Unsatisfied, A even threw a hand grenade that
totally destroyed X's room. However, unknown to the four culprits, X was not inside the room
and nobody was hit or injured during the incident. Are A, B, C and D liable for impossible
crime of murder?
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4. Lucas had been the stay-in houseboy of spouses Nestor and Julia for five years. One night,
while Nestor and Julia were out having dinner, Lucas and his friend Pedro gained entry into
the masters' bedroom with the use of a false key. They found Julia's jewelry box in one of the
cabinets, which was unlocked. Lucas believed that Julia's jewelry was inside the box.
Unknown to Lucas an Pedro, the box was empty. Pedro took the box and left the bedroom
with Lucas. They were shocked when they saw Nestor in the house pointing a gun at them.
Nestor ordered them to stop hand over the box. Pedro complied. It turned out that Nestor had
just arrived in time to see Lucas and Pedro leaving masters' bedroom with the box. Is there an
impossible crime? Why?
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30
LEARNING DISCUSSION

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5. Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlie's
girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it
would be used to kill a very sick, old dog. Actually, Charlie intended to use the poison on
Brad. The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with
Brad's food, did not kill Brad. Is there an impossible crime? Why?
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2.3
(STAGES OF EXECUTION)
Name: ________________________________________________Score:______________________
1. Delmo learned that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of the
Philippine Medical Center. Intending to kill Oscar, Delmo disguised himself as a nurse,
entered the ICU, and saw a man lying on the hospital bed with several life-saving tubes
attached to the body. Delmo disconnected the tubes and left. Later, the resident physician
doing his rounds entered the ICU and, seeing the disconnected tubes, replaced them. The
patient survived. It turned out that the patient was Larry, as Oscar had been discharged from
the hospital earlier.
What is the crime committed?
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2. In the jewelry section of a big department store, Julia snatched a couple of bracelets and put
these in her purse. At the store's exit, however, she was arrested by the guard after being
31
radioed by the store personnel who caught the act in the store's moving camera. Is the crime
consummated, frustrated, or attempted?
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3. A shoots B with intent to kill.

a. If B was wounded or A missed, what is the liability of A?
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b. If B was mortally wounded, but alive, what is the liability of A?
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c. If B was mortally wounded and killed as a result, what is the liability of A?

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4. A is already tired living with his husband C. She wants to free herself with the unworthy
relationship he had with her husband so he tells B to kill C for Php.10,000.00. B refuses. Is a
liable for attempted felony of murder?
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32
LEARNING DISCUSSION

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5. A shot B mortally wounding him. When A will shot B again, B pleaded not to kill him. B
acceded to his plea and deliver the latter to hospital for medical intervention. B survived as a
result. Is a liable? If yes, for what?
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2.3
(COMPLEX CRIMES, SPECIAL COMPLEX CRIME, CONTINUED CRIME AND
TRANSITORY CRIME)
Name: ________________________________________________Score:______________________
I. Define the following:
1. Complex Crime
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2. Continuing Crime or Continued Crime

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3. Transitory Crimes
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4. Composite Crimes or Special Complex Crime
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II. Complex Crime- Determine what type of complex crime (COMPOUN CRIME OR COMPLEX
CRIME PROPER) is committed in the situations below. Write your answer after each situation.
1. A placed a time bomb in a plane, which caused it to explode in mid-air. As a result, 10 of its
passengers were killed. ________________
2. A with intent to kill, shot B and the latter was hit. B sustained slight physical injuries. The
bullet which hit B also hit C who died as a result. ________________
3. A shot B. Bwas hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved
by timely medical intervention. For his part, C died. A voluntarily surrendered to the police.
________________
4. X stole the savings passbook of Y. He withdrew P50,000.00 from the bank by counterfeiting
the signature of Y. ________________
5. A hacked B. He missed hitting B but the blade of the bolo landed at the neck of C who died as a
result. ________________
6. A police officer surreptitiously placed a marijuana stick in a student’s pocket and then arrested
him for possession of marijuana cigarette. ________________
7. X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. ________________
8. Juan was a barangay captain who was killed while discharging his duty. ________________
9. Juan falsified 100 warehouse receipts from April to June which enabled him to swindle the
bank of 100 million. ________________
10. Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical
attention. ________________
III. Problem
1. X held up a car with three passengers. At gunpoint, he took the expensive watches of the two
passengers. The driver of the car tried to fight back so X killed him. He did not get anything
valuable item from the driver.
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LEARNING DISCUSSION

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2. Juan hit Pedro’s car, resulting in several slight physical injuries and light felony of damage to
property. Is there complex crime? Why?
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3. A collector of a commercial firm misappropriates for his personal use several amounts
collected by him from different persons. Is continued crime committed in this situation?
Why?
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4. Juan stole 2 books belonging to 2 different persons. Is continued crime or complex crime
committed in this situation? Why?
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5. A, B and C kidnap D for ransom in Santiago City. D was transported to Cauayan in their hide
out and eventually move to Tugegarao City. What crime is committed in this situation? Is it
continued crime or transitory crime?
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PERSONAL NOTES
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LEARNING CHECK NO. 2
Name: _______________________________________Date:_________________________
Course/Year Level: _____________________________ Score: _______________________
1. Material crimes are crimes that have three stages namely attempted, frustrated and
consummated stages, whereas __________ are crimes that are consummated in one instant
that is it may not have an attempted or a frustrated stage such as acts of lasciviousness,
slander, false testimony etc.
a. formal crimes c. continuing crimes
b. material crimes d. complex crimes
2. As a general rule light felonies are punishable only when they are _______, with the
exception of those committed against persons or property.
a. consummated c. attempted
b. frustrated d. none of the above
3. Acts and omissions punishable by law (RPC) are known as:
a. Felonies c. Culpa
b. Fault d. Crimes
4. There is _______ when the criminal act is performed with deliberate intent.
a. freedom of action c. fault
b. fault d. dolo or deceit
5. When the wrongful act results from imprudence, negligence, lack of foresight or lack of skills
then there is:
a. dolo c. fault or culpa
b. deceit d. malice.
6. What do you mean by the Latin, “NULLUM CRIMEN NULLA POENA SINE LEGE”?
a. There is no crime if the offender is able to bribe the police officer handling his case.
b. There is no crime if the offender is able to bribe the fiscal prosecuting his case.
c. Ignorance of the law excuses one from compliance therewith.
d. There is no crime if there is no law punishing it.
7. It is the moving power which impels one to action for a definite result.
a. intent c. malice
b. motive d. lack of foresight
8. What crime exists when a single act constitutes two or more grave or less grave felonies or
when an offense is a necessary means of committing the other?
a. continuing crime c. transitory crime
b. habitual delinquency d. complex crime
9. “Aberratio Ictus” simply means:
a. mistake in the blow c. result greater than intended
b. mistake in the identity d. mistake of fact
10. Rhea was driving her car when he bumped Mario. Mario died as a result. At the trial of the
case the prosecutor was able to prove that Rhea had the “mens rea” when he bumped the
victim Mario. Hence the information for Reckless Imprudence resulting in Homicide was
dismissed and a new information for murder was filed against Rhea. What is meant by “mens
rea”?
37
a. It means that Rhea had menstruation at the time of the crime which might exempt her.
b. It means Rhea had her monthly period at the time of the commission of the crime.
c. Mens Rea means Rhea is a men’s woman.
d. Means Rea simply means “criminal intent” that is the act of Rhea was intentional and
not accidental.
11. What is incurred by one who commits a felony although the wrongful act is different from
that which he intended?
a. reward c. imprisonment
b. punishment d. criminal liability
12. What is 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.
a. efficient intervening cause c. proximate cause
b. indeterminate offense d. immediate cause
13. What crime is committed which is made against persons or property but which is of
impossible accomplishment because of its inherent impossibility or on the account of the
employment of ineffectual or inadequate means.
a. continuing crimes c. compound crime
b. impossible crimes d. attempted crimes
14. This takes place 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.
a. consummated felony c. attempted felony
b. frustrated felony d. none of the above
15. A felony is _______ when the offender performs all the acts of execution which should
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
a. consummated felony c. attempted felony
b. frustrated felony d. infraction of law
16. In the old days what was followed was the retreat to the wall doctrine. NOW, it has given
way to the stand ground when in the right doctrine which means:
a. where the accused/defender is where he has the right to be, the law does not require him
to retreat when his assailant is advancing upon him with a deadly weapon.
b. the accused/defender must as much as possible retreat when his opponent is attacking
him and fight only when there is no other way of escaping such as when cornered
against the wall.
c. the accused/defender must not fight in any event
d. the accused/defender must stand and wait for the fatal blow until he dies.
17. Which of the following is NOT an element of crimes committed by means of dolo or deceit?
a. Freedom of action of the offender d. Imprudence or negligence of the
b. Intelligence of the Offender offender
c. Criminal intent of the offender
18. __________ is a misapprehension of fact on the part of the person who caused injury to
another. That person however is not criminally liable because he did not act with criminal
intent. It is expressed in the Latin phrase “ignorantia legis non excusat”.
a. aberration ictus c. mistake in the blow
b. mistake of fuck d. mistake of fact
38
19. John commences with the execution of a felony but fails to perform all acts which should
produce it, the development or stage refers to:
a. Consummated c. Frustrated
b. Attempted d. Negligence
20. Generally, they are punishable only when they have been consummated.
a. Light felony c. Grave felonies
b. Less grave felonies d. All of the foregoing
21. Tambay was able to get hold of a ladies bag while walking in the crowded street in Lucena,
however before absconding the crime scene he was caught by a police officer, the crime of
theft is:
a. Attempted b. Consummated
c. Frustrated d. None of the foregoing
22. Dukol intended to kill Japot by shooting the latter; however the wound inflicted did not affect
the vital organs and only hit the victim’s right arm due to Ramil’s warning before shooting
him, what is the stage of execution committed?
a. attempted parricide c. Attempted homicide
b. Frustrated homicide d. Frustrated murder
23. He aimed his pistol at his wife Juana with the intention to shoot her, he then pressed the
trigger but it jammed and no bullet was fired, he is liable for what stage of execution?
a. Attempted homicide c. Attempted theft
b. Attempted parricide d. Frustrated parricide
24. A truck loaded with stolen boxes of Lacoste T shirts was on way out of the guard station at
the bodega surrounded by tall fence and high walls when the guard discovered the boxes on
the truck. What is the stage of execution committed?
a. Attempted robbery c. Attempted theft
b. Frustrated robbery d. Frustrated theft
25. Pedro shot Petro his brother in the abdomen, penetrating the latter’s chest and liver, by reason
of prompt medical attention the offended party survived, what particular crime has been
committed by Pedro?
a. Attempted homicide c. Consummated physical injuries
b. Frustrated homicide d. Frustrated parricide
26. It is the portion of the acts constituting the felony, starting from the point where the offender
begins the commission of the crime to the point where he has control over his acts.
a. Objective phase c. Overt acts
b. Subjective phase d. Attempted felony
27. What is meant by “Actus me invito factus non est meus actus”?
a. There is no crime if there is no law punishing it.
b. An act done by me against my will is not my act
c. The act itself does not make a man guilty unless his intention were so.
d. Ignorance of the law excuses no one from compliance therewith.
28. What is meant by “Actus non facit reum nisi mens sit rea?”
a. There is no crime if there is no law punishing it
b. An act done by me against my will is not my act
c. The act itself does not make a man guilty unless his intention were so.
d. Ignorance of fact excuses one from crime.
29. Which of the following is not an element of culpable felonies?
39
a. Freedom of action
b. Intent
c. Intelligence
d. Imprudence, negligence, lack of foresight or lack of skills
30. When one fails to pay his lawful taxes, or fails to issue receipts for services or goods rendered
or delivered or fails to help his own victim whom he accidentally wounded, or fails to report
an attempted treason there is an __________ which is defined as the failure to perform an act
which is required by law to be done.
a. act c. criminal liability
b. omission d. procrastination .
31. X, a police officer arrested Y because the latter’s face is very ugly, so ugly that not even Y’s
own mother could stomach such an appearance. Among the following which do you think is
the best defense of Y?
a. X himself is also ugly so X had no right to arrest Y.
b. X had no warrant of arrest to arrest Y , therefore the arrest was illegal
c. X has to tell the judge handling the case that “beauty is a relative term and that beauty
is in the eye of the beholder.”
d. Y’s possession of ugly face is not punishable by law and the rule is “nullum crimen
nulla poena sine lege”
32. In determining whether the crime has reached the attempted or frustrated or consummated
stage, what should be considered?
a. elements constituting the felony c. manner of committing the felony
b. nature of the offense d. all of the above
33. What crime is committed by one who acting under one criminal resolution, commits a series
of acts in the same place and about the same time and all overt acts committed violated one
and the same penal provisions?
a. complex crime c. special complex crime
b. delito compuesto d. continuing crime
34. What is meant by “el que es causa de la causa es causa del mal causado”?
a. he who is the cause of the cause is the cause of the evil caused.
b. ignorance of the law excuses no one
c. there is no crime if no law is punishing it
d. act by me against my will is not my act
35. What is the purpose of the law in punishing impossible crimes?
a. to suppress criminal propensities or c. to serve as an example to others
tendencies d. to deter others from committing the
b. to keep the potential criminal off the same act streets
36. X is a 4th year criminology student. He is deeply in love with Y a beautiful nursing student
who is studying in the same school where he is enrolled. X’s offer of love to Y was rejected
by the latter. It is for this reason that X decided to rape Y. However he could not perpetrate
his bestial desire because Y is always guarded by her 6’10” basketball player boyfriend.
Unable to satisfy his lust, X merely contented himself in having sexual intercourse with Y in
his deepest, wildest, darkest and wettest imaginations day and night 24/7. What crime did X
commit?
a. immorality c. sin
b. attempted rape d. no crime
40
37. In the above case, assume that X got sick and tired of raping Y in his imagination. X wanted
a real sexual intercourse but could not do so because Y is already taken by another man and
that he is so poor he could not even afford to hire the services of a prostitute. Feeling
desperate for companionship and intimate sexual relations, X did the unthinkable. One cold,
lonely and horrible night he locked himself up in his room together with “fulgoso” his
female dog and forcefully had sex with the latter. What crime did X commit?
a. rape b. acts of lasciviousness c. damage to property
d. crimes against the order of nature e. none of the above
38. Assume this time that X had the opportunity and the luck to somehow slip into the boarding
house where Y was sleeping. Nobody was around except him (X) and Y as Christmas
vacation had just begun. X commenced the commission of the crime of rape by forcefully
undressing Y, touching her and her private parts and undressing himself as well. In his stark
and naked glory, X grabbed his erected offending organ pointed it at Y’s private part and was
about to insert it to Y’s vagina when in what could be the most bizarre twist of fate, X
suddenly suffered from a premature ejaculation against his will causing his private part to go
soft and limp and remained in that state despite efforts of X to revive its former glory. No
penetration took place as a result as it very difficult to penetrate another with a flaccid organ.
X was apprehended thereafter. What crime did X commit?
41
a. impossible crime c. attempted rape

b. frustrated rape d. consummated rape
39. A wanted to kill B. He thought of mixing poison in the drink of the latter. He went to the
supermarket and bought a pack of rat killer with the intention to mix its contents to the
drink/food of B. On his way home, with the rat killer on his hand he was apprehended by
the NBI authorities. What crime did A commit?
a. no crime c. sin
b. attempted murder d. attempted homicide.
40. Which of the following words does not belong to the group?
a. intent c. lack of skill
b. lack of foresight d. imprudence or negligence
41. X was caught in the act of pouring gas in the house of another. He was about to strike the
match in preparation to set the house on fire when he was stopped by alerted citizens.
What crime was committed?
a. consummated arson c. attempted arson
b. frustrated arson d. no crime
42. X got mad with his neighbor so he lit a rag soaked with gas and place it against the wall
of his neighbor’s house. A small, very small portion, repeat, very small portion only of
the house was burned. The fire that burned that portion could not have even hurt anyone.
Luckily the fire was put out before it become a major one. What crime was committed?
a. impossible crime of arson c. attempted murder
b. frustrated arson d. attempted arson

e. consummated arson 43.
Which among the following is a compound crime?
a. X placed a bomb in a plane causing it to explode killing several people.
b. X fired his gun twice in succession aimed against two different person killing both of
them.
c. The accused fired a machine gun against different persons. The first burst of shots killed
two people. the second killed an undetermined number.
d. X raped B and C at the same time one after the other.
44. A with intent to kill, fired his gun at B. He inflicted a mortal wound. A sudden twist of his
conscience made A repentant when he saw B wounded and dying. So A himself brought B to
the hospital. B survived as a result of medical intervention. What crime did A commit?
a. frustrated felony c. frustrated murder e. no crime
b. consummated felony d. physical injury
45. When all the elements necessary for its execution and accomplishment are present.
a. Consummated c. Frustrated
b. Attempted d. negligence
46. X saw his enemy Y lying on his bed. X saw an opportunity to kill Y so he lunged on the
latter a series of hard stabbings. Unknown to X, Y already died of heart attack an hour ago.
We all know that X committed an impossible crime of murder. There is no doubt about that.
However let us assume that X already knew that Y was already dead when he stabbed the
already lifeless body of Y. In this case what crime was committed by X?
A. still impossible crime c. unjust vexation
42
B. damage to property d. no crime

47. A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and
died.
a. A is not liable for the death of B because he did not inflict any injury upon B.
b. A is liable only for Grave Threats because that constituted his felonious act.
c. A is liable for the death of B because the proximate cause of the latter’s death was his
chasing with a knife.
d. A is not liable for the death of B because the drowning of B was an efficient intervening
cause.
48. Deficiency of action
a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
49. X, a cockfighting (sabong) addict stole one of the fighting cocks (manok panabong) of
Manny Pacquiao. X thought that he scored a “big hit” because Pacquiao’s fighting cocks are
reputed to be the fiercest and the toughest breed in the world. To his surprise and
disappointment however, the fighting cock which he stole from the Pacquiao farm was a gay
(binabae) fighting cock as it would constantly run when pitted against another fighting cock.
Out of disgust, he returned the fighting cock to the farm where he stole it but unfortunately
he was caught by a guard while in the act of returning it. What crime did X commit?
a. consummated theft c. no crime because he returned the
b. attempted theft fighting cock
d. impossible crime
50. A with the intent to kill, fired his gun at B. The bullet which hit B also hit C, D, E and F. B
suffered slight physical injuries, C was seriously wounded but was operated on and was
saved by the doctor. D suffered serious wound but was also saved by timely medical
intervention. F died. A committed:
a. Complex crime of Homicide, Frustrated Homicide, and Physical Injuries
b. Homicide, Physical Injuries, and double Frustrated Homicide
c. Homicide with double Frustrated Homicide with Attempted Homicide
d. Homicide with double Frustrated Homicide, and a separate crime of slight Physical
Injuries
51. X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. As a case of aberratio ictus, it is punishable as a
a. complex crime proper. c. continuing crime.
b. special complex crime. d. compound crime.
52. X mixed poison in the coffee of Y to kill him. Unknowingly, Y drank his coffee laced with
poison. Nothing happened as the poison had no effect at all. X committed:
a. Attempted Murder c. Impossible Crime
b. Frustrated Murder d. Slight Physical Injuries
53. A single act which brings about two or more grave or less grave felonies.
a. Compound crime c. Complex crime proper
b. Composite crime d. None of the above
54. X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he
died. Is X criminally liable for the death of Y?
43
a. Yes because the delay did not break the causal connection between X’s felonious act
and the injuries sustained by Y.
b. Yes because any intervening cause between the infliction of injury and death is
immaterial.
c. No because the infliction of injury was not the immediate cause of the death.
d. No because the delay in the administration of the medical treatment was an intervening
cause.
55. Dr. Magaling had frequently quarreled with his wife Sellosa due to his illicit relation with his
secretary, he decided at the spur of the moment to kill his wife after the latter splapped him.
He mixed poison in her milk, but when his wife drunk it, he employed his medical skills in
extracting the substance from her stomach thereby preventing death. What crime/stage has
been committed/reached by the acts of Dr. Magaling?
a. Attempted parricide c. Consummated parricide
b. Frustrated parricide d. Consummated physical injuries
56. In an attempted felony, the offender’s preparatory act
a. itself constitutes an offense.
b. must seem connected to the intended crime.
c. must not be connected to the intended crime.
d. requires another act to result in a felony.
57. X inflicted violent kicks on vital parts of E’s body. E nevertheless was able to flee for fear of
his life. Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E’s
death?
a. No, since kicks on the body cannot cause death.
b. No, since it took too long for death to occur.
c. Yes, since E cannot be compelled to undergo medical treatment.
d. Yes, since it was a natural result of the injuries X inflicted on E.
58. What is the penalty imposable for complex crimes?
a. The penalty for the crime actually committed to be imposed in its maximum period.
b. The penalty for two or more crimes to be imposed in their maximum periods pursuant to
Art. 49 of the Revised Penal Code.
c. The penalty for the complex crime to be applied in its maximum period.
d. The penalty for the most serious crime to be applied in its maximum period.
59. Deficiency of action
a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
60. Delito complejo means:
a. When a single act constitutes two or more grave or less grave felonies.
b. When a series of acts is committed about the same place and about the same time arising
from a single criminal resolution.
c. When an offense is committed as a necessary means to commit the other.
d. When an essential element of a crime takes place in one city or municipality such that
the crime may be filed in any of such city or municipality.
61. Dr. X had long wanted to kill Y his lawfully wedded wife. So one night he mixed whitish
substances (arsenic) on the soup of the latter. When the wife had already finished her meal
including the soup with poison, Dr. X had a sudden change of heart and decided to save the
44
life of the wife by employing his knowledge in toxicology. He immediately administered an

antidote. The antidote administered by Dr. X prevented the death of the wife who however
unfortunately became vegetable like (nabaldado) thereafter. What crime was committed by
Dr.
X?
a. attempted parricide d. consummated physical injuries
b. frustrated parricide e. consummated serious physical injuries
c. attempted murder f. no crime was committed by Dr. X.
62. Which of the following elements of a frustrated crime was not present in this case.
a. the offender performed all the acts of execution;
b. all the acts performed would produce the felony as a consequence;
45
c. the felony is not produced by reason of causes independent of the will of the perpetrator.
63. Let us assume that Dr. X did not have a change of heart and upon seeing his wife at the threshold
of death, he merely laughs at the latter. Assuming that it was another doctor who saved the life
of the wife, what crime was committed by Dr. X?
a. consummated physical injuries c. frustrated parricide
b. frustrated murder d. serious physical injuries
64. Assume that instead of arsenic, Dr. X mistook sugar for a poison and mixed them to the soup of
his wife. Naturally the wife will not die. What crime was committed by Dr. X? a. attempted
murder c. impossible crime
b. attempted parricide d. frustrated physical
injuries or homicide.
65. Let us assume that Dr. X and his wife are only commonly law husband and wife (they are not
married). Dr. X mixed poison on the latter’s soup. The latter died. What crime was committed
by Dr. X?
a. parricide c. murder
b. homicide d. illegal practice of medicine
REFERENCES:
Books
1. The Revised Penal Code, Luis B. Reyes, 2017.
2. Criminal Procedure (The Bar Lectures Series), Willard B. Riano, 2014.
3. Pointers in Criminal Law, Ediberto G. Sandoval, 2010.
4. Criminal Law, Abelardo Estrada, 2009.
5. Compact Reviewer in Criminal Law, Leonor B. Boado, 2nd Edition 2007.
6. Study Guide for the Bar Criminal Law Reviewer on Special Penal Laws, 2006.
Law
1. Act No. 3815 - The Revised Penal Code.
Notes
1. Notes Criminal Law Jurisprudence by Atty. Modesto A. Ticman, Jr.
2. Revised Ortega Lecture Notes On Criminal Law
Online References:
1. https://www.manilatimes.net/2018/08/17/legal-advice/dearpao/committing-an-impossiblecrime/431128/
2. https://cartojanolaw.com/index.php/blog/418-jbj
3. https://criminallawnotes.blogspot.com/2017/07/what-is-impossible-crime.html
4. https://www.brainscape.com/flashcards/art6-consummated-frustrated-
ampattempted4083628/packs/6095891
5. https://batasnatin.com/law-library/criminal-law/general-provisions/1043-stages-in-thecommission-of-
acrime.html
6. https://www.academia.edu/31590629/COMPLEX_CRIMES
7. https://lawphilreviewer.wordpress.com/tag/criminal -law-book-1-articles-1-10/
41
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Isabela State University

College of Criminal Justice Education

LEARNING CONTENTS Offense - A crimes punished

1st element: That there must be an act or omission.

PRESUMPTION OF CRIMINAL INTENT

According to the manner of their commission

WHEN MOTIVE BECOMES MATERIAL IN DETERMINING CRIMINAL

Is culpa merely a mode of committing a crime or a crime in itself?

According to stage of execution

(b) Material Felonies: Crimes that have various stages of execution.

Crimes with no frustrated stages;

According to their gravity (Article 9, Amended by Sec. 1, RA 10951)

Reason for the general rule:

Classification of light felonies punishable by the Revised Penal Code;

Reason for the exception:

Examples of light felonies against person:

Examples of light felonies against property:

Importance of classification of felonies

FINES (Article 26 as amended by Sec. 2 of RA 10591)

Bond to keep the peace is by analogy:

2.3.MISTAKE OF FACT A DEFENSE IN INTENTIONAL FELONY

A proper invocation of this defense requires:

Requisites of mistake of fact as a defense:

When honest mistake of fact is not applicable?

Example: United States v. Ah Chong.

Criminal liability shall be incurred:

1. Error in personae - mistake in the identity of the victim.

How does error in personae affect criminal liability of the offender?

2. Aberratio ictus - mistake in the blow.

3. Praeter intentionem - the injurious result is greater than that intended

What is Doctrine of Proximate Cause?

Proximate Cause is negated by:

What is impossible crime?

Purpose of Punishing it: to suppress criminal propensity or Is impossible crime really a

or that the means employed is either inadequate or ineffectual and

1. Legal impossibility occurs where the intended acts, even if completed,

A. Killing a person already dead. A dead person cannot be injured or

B. X stole a watch from the possession of C which turned out to be the

own property. In theft, it is essential that the offender take a personal

2. Factual impossibility occurs when extraneous

Is there an impossible crime of rape?

Is there such ATTEMPTED or FRUSTRATED IMPOSSIBLE CRIME?

Penalty for impossible crime

longer inflict or employ harm or injury to a cadaver. As such, there is an impossibility of

2.6.STAGES IN THE COMMISSION OF A FELONY (Article 6, RPC)

b. External acts covers:

Exception: when there is a specific law punishing it.

Hence, proposal and conspiracy to commit felonies, which are only

Example: Ernie stabs Bert.

Exceptions: when the accused is liable despite his desistance

1. When the act performed prior to the desistance already constituted

3. When the acts performed constitute a separate offense. Pointing a

NOTE: In the crime of rape, penetration is an essential act of

ESTAFA VS. THEFT

Nature of the crime itself

Attempted Stage vs Frustrated

Attempted Felony Frustrated Felony

Factors to Consider in determining the proper stage

C. The Nature of the Felony Itself

2.8.PLURALITY OF CRIMES (CONCURSU DE DELITOS)