Stages of Execution in Criminal Law (Article 6, Revised Penal Code, Philippines)

The stages of execution in criminal law are explicitly outlined in Article 6 of the Revised Penal Code (RPC). These stages refer to the phases a crime undergoes before it is consummated. Understanding these stages is crucial for determining the liability of the offender, the appropriate penalties, and whether the offender’s acts constitute an attempt, frustration, or consummation of the crime.

1. Enumerated Stages of Execution

a. Attempted Stage

Definition: A felony is in the attempted stage when the offender begins the commission of a felony directly by overt acts but does not perform all the acts of execution that should produce the felony due to causes other than his/her own voluntary desistance.
Key Elements:
1. The offender commences the commission of the felony by overt acts.
2. The offender does not perform all the acts of execution that should produce the felony.
3. The offender’s failure to complete the acts is due to causes independent of his/her will (e.g., outside intervention, fortuitous events).
Characteristics:
- Mere preparatory acts do not qualify as an attempt; there must be an overt act directly related to the crime.
- Voluntary desistance (i.e., the offender stops on their own accord) negates the attempted stage.

b. Frustrated Stage

Definition: A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but the felony is not produced due to causes independent of the offender’s will.
Key Elements:
1. The offender performs all the acts of execution necessary to produce the felony.
2. The felony’s intended result is not accomplished.
3. The failure of the felony to materialize is due to causes beyond the offender’s control.
Characteristics:
- There must be a clear intent to commit the crime, and all requisite acts to complete it must have been performed.
- The prevention of the consummation must be external, such as medical intervention in a frustrated homicide.

c. Consummated Stage

Definition: A felony is consummated when all the elements necessary for its execution and accomplishment are present.
Key Elements:
1. The offender performs all acts required for the execution of the felony.
2. The intended result of the felony materializes.
Characteristics:
- This is the point at which the crime is fully executed.
- The consummated stage carries the highest degree of criminal liability.

2. Overt Acts Defined

An overt act is an external act that indicates the offender has begun to execute the felony. It must:

Be manifestly intentional and not merely preparatory.
Be a direct step toward the execution of the felony.

3. Distinctions Between the Stages

Stage	Acts Performed by Offender	Result of the Crime	Cause of Failure (if applicable)
Attempted	Commences the crime but does not complete all acts of execution.	Crime does not materialize.	Causes independent of the offender’s will.
Frustrated	Performs all acts of execution.	Crime does not materialize.	Causes independent of the offender’s will.
Consummated	Performs all acts of execution.	Crime is accomplished.	Not applicable.

4. Relevance to Criminal Liability

The stage of execution affects the penalty imposed:
- Attempted Stage: Lesser penalty due to incomplete execution.
- Frustrated Stage: Higher than the attempted stage, but still less than consummated.
- Consummated Stage: Full penalty for the crime.
Exceptions: Some crimes do not admit frustrated or attempted stages. For instance:
- Formal Crimes: Libel or false testimony, which are consummated upon completion of the act (e.g., publication of libelous material).
- Crimes of Mere Attempt: Trespass or possession of illegal drugs, where mere possession suffices to consummate the crime.
- Impossible Crimes: These involve acts that could not produce the crime due to inherent impossibility, such as trying to kill someone already dead.

5. Additional Considerations

a. Indispensable Acts vs. Preparatory Acts

Preparatory Acts: Do not constitute an overt act and are not punishable unless covered by specific laws (e.g., conspiracy to commit rebellion).
Indispensable Acts: Directly lead to the crime’s execution and qualify as overt acts.

b. Voluntary Desistance

Voluntary cessation of criminal intent absolves liability for an attempted crime.
However, desistance does not absolve the offender if a felony has already been consummated.

c. Legal Doctrines and Jurisprudence

Courts apply the proximate cause doctrine to determine liability in frustrated crimes.
People v. Lizada (G.R. No. L-45244): Clarified the distinction between preparatory and overt acts.
People v. Almonte (G.R. No. L-39090): Established criteria for frustrated stages in complex crimes.

6. Practical Application

For practitioners, understanding the stages of execution is vital for:

Case Analysis: Assessing the stage of execution helps determine the appropriate charge and penalties.
Defense Strategies: Highlighting voluntary desistance or absence of overt acts can reduce liability.
Prosecution Arguments: Establishing overt acts and their nexus to the intended crime is key to securing a conviction.

By mastering the nuances of Article 6, lawyers can effectively navigate the complexities of criminal liability under the Revised Penal Code.