ATTEMPTED, FRUSTRATED, AND CONSUMMATED STAGES OF FELONIES

Under Criminal Law, Revised Penal Code (RPC), Book One, Felonies

The stages of execution in criminal law delineate the progress of a criminal act from its inception to its completion. Article 6 of the Revised Penal Code (RPC) categorizes the stages of a felony into attempted, frustrated, and consummated stages, which are essential for determining the criminal liability and corresponding penalties.

1. Attempted Stage

Definition:

A felony is in the attempted stage when the offender begins the commission of a felony by overt acts but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than the offender’s spontaneous desistance.

Key Elements:

The offender commences the commission of the crime.
There are overt acts manifesting an intention to commit a particular felony.
The offender fails to complete all the acts of execution.
The failure is not due to the offender’s voluntary desistance but is due to an independent cause or external interruption.

Examples:

A person fires a gun intending to kill but misses the target.
A burglar enters a house intending to steal but is interrupted before taking anything.

Note on Desistance:

If the offender voluntarily desists from further acts that would consummate the felony, there is no criminal liability for the felony attempted (Article 6, RPC). However, liability may arise for other crimes already committed.

2. Frustrated Stage

Definition:

A felony is in the frustrated stage when the offender performs all the acts of execution necessary to produce the felony but the felony is not consummated due to causes independent of the offender’s will.

Key Elements:

The offender has performed all the acts of execution.
The acts performed are sufficient to produce the intended felony under normal circumstances.
The felony is not produced due to external factors beyond the offender’s control.

Examples:

A person stabs a victim intending to kill, but the victim survives because of timely medical intervention.
A thief successfully takes valuables but is caught before being able to escape with them.

Important Distinction:

In frustrated felonies, the offender has completed the criminal act, but some intervening cause prevents the desired result.

3. Consummated Stage

Definition:

A felony is consummated when all the elements necessary for the accomplishment of the felony are present.

Key Elements:

The offender performs all acts of execution.
The intended felony is fully accomplished.

Examples:

A person shoots and kills the victim as intended.
A thief successfully steals an item and escapes without interruption.

Legal Basis

Article 6, RPC explicitly defines the stages of execution:

“Consummated felonies are those in which all the elements necessary for their execution and accomplishment are present;
Frustrated felonies are those in which 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;
Attempted felonies are those in which 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.”

Important Doctrines and Clarifications

Overt Acts:
- Acts that directly tend to produce the crime and are part of the actual execution of the felony.
- Mere preparatory acts are not considered overt acts.
Independent Cause:
- In both attempted and frustrated felonies, failure to achieve the result must be due to external factors or an independent cause.
Intent to Commit a Felony:
- The offender’s intent must be clear. Without intent to commit a felony, no criminal liability arises.
Impossible Crimes:
- Crimes that cannot be consummated due to the inherent impossibility of accomplishment or the inadequacy of means are governed under Article 4(2) and are distinct from the stages of execution.
Penalty Application:
- Attempted Stage: Penalty is two degrees lower than that prescribed for the consummated felony.
- Frustrated Stage: Penalty is one degree lower than that prescribed for the consummated felony.
- Consummated Stage: Full penalty prescribed by law is imposed.

Judicial Interpretations

People v. Orita (1985):
- Held that for a crime to be in the frustrated stage, there must be a clear showing that all acts of execution were performed and would normally result in the crime but for an independent cause.
US v. Eduave (1912):
- Clarified that acts preparatory to the commission of a crime are not sufficient to constitute an attempted felony.
People v. Lamahang (1937):
- Distinguished frustrated murder from attempted murder by focusing on whether the victim’s death was prevented by factors beyond the offender’s control.

Application to Specific Crimes

Crimes Against Persons:
- Clear stages are observable (e.g., attempted murder, frustrated murder, consummated murder).
Crimes Against Property:
- The theft is consummated once the offender has full control and possession of the property, even if only momentarily.
Crimes Requiring Result:
- In felonies like arson or homicide, the frustrated stage depends on the result being prevented by external factors despite complete execution.

Conclusion

Understanding the stages of execution—attempted, frustrated, and consummated—is essential for determining the appropriate liability and penalty under the RPC. Each stage requires a careful examination of the offender’s actions, the external circumstances, and the specific legal requirements of the felony charged.