On

Consummated, Frustrated, and Attempted Felonies

ART.6

STAGES OF EXECUTION:

1. CONSUMMATED – when all the elements necessary for its execution and accomplishment are present

2. FRUSTRATED

Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator

3. ATTEMPTED

Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance

Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law provides otherwise
2. Formal crimes – consummated in one instance (e.g.: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt (e.g.: attempt to flee to an enemy country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement (e.g.: betting in sports: “ending,” corruption of public officers)

Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury

2 stages in the development of a crime:
1. Internal acts
   - e.g. mere ideas of the mind
   - not punishable
2. External acts
a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools)
b. Acts of Execution - punishable under the RPC

consummated frustrated attempted felony
Attempted vs. Frustrated Felony

Bar Exam Question (1998)

Theft; Stages of Execution (1998)

In the jewelry section of a big department store, Julia snatched a couple of bracelets and put them in her purse. At the store's exit, however, she was arrested by the guard after being radioed by the store personnel who caught the act in the store's moving camera. Is the crime consummated, frustrated, or attempted?

Suggested Answer:

The crime is consummated theft because the taking of the bracelets was complete after Julia succeeded in putting them in her purse. Julia acquired complete control of the bracelets after putting them in her purse; hence, the taking with intent to gain is complete and thus the crime is consummated.

Bar Exam Question (2000)

Theft; Stages of Execution (2000)

Sunshine, a beauteous "colegiala" but a shoplifter, went to the Ever Department Store and proceeded to the women's wear section. The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors. When she came out of the fitting room, she returned only two (2] pieces to the clothes rack. The saleslady became suspicious and alerted the store detective. Sunshine was stopped by the detective before she could leave the store and brought to the office of the store manager. The detective and the manager searched her and found her wearing the third swimsuit under her blouse and pants. Was the theft of the swimsuit consummated, frustrated, or attempted? Explain.  

Suggested Answer:

The theft was consummated because the taking or asportation was complete. The asportation is complete when the offender acquires exclusive control of the personal property being taken: in this case, when Sunshine wore the swimsuit under her blouse and pants and was on her way out of the store. With evident intent to gain, the taking constitutes theft, and being complete, it is consummated. It is not necessary that the offender is in a position to dispose of the property,

Alternative Answer:

The crime of theft was only frustrated because Sunshine had not yet left the store when the offense was opportunely discovered and the article seized from her. She does not have yet the freedom to dispose of the swimsuit she was taking (People vs. Dino, CA 45 O.G. 3446). Moreover, in case of doubt as to whether it is consummated or frustrated, the doubt must be resolved in favor of the milder criminal responsibility.