CRIMINAL LAW > REVISED PENAL CODE – BOOK ONE > FELONIES > STAGES OF EXECUTION > OVERT ACTS

The concept of overt acts is essential in determining the stages of execution of a felony under the Revised Penal Code of the Philippines (RPC). It relates to the progression from mere criminal intent to the actual perpetration of the offense, determining liability based on the stage reached by the offender.

1. Definition of Overt Acts

Overt act refers to an external, concrete manifestation of intent to commit a felony. It is an essential element in distinguishing between the preparatory and executable stages of a crime.
An overt act must directly or unequivocally lead to the commission of the crime, even if the crime is not ultimately consummated.

Characteristics of an Overt Act:

Tangible: The act must be perceptible and not merely internal or conceptual (e.g., thoughts or plans).
Unambiguous: The act must clearly indicate the intent to commit a felony.
Causal Connection: There must be a direct link between the overt act and the intended offense.
Irrevocable Progression: The act must move beyond preparation and enter the realm of execution.

2. Stages of Execution

The stages of execution under the Revised Penal Code are:

Attempted
Frustrated
Consummated

The role of overt acts differs in each stage:

a. Attempted Stage

In this stage, the offender begins the commission of a felony directly by overt acts, but the crime is not achieved due to reasons independent of their will.
Example: In homicide, drawing a weapon and attempting to stab the victim constitutes an overt act of execution.

Elements of Attempted Felony:

Commencement: The offender has started to execute the intended crime.
Direct Participation: The overt act demonstrates intent to commit the felony.
Non-Completion: The crime is not consummated because of an extraneous reason.

b. Frustrated Stage

The felony is committed when the offender has performed all acts necessary for the execution of the crime but the result is not achieved due to reasons beyond their control.
Example: In homicide, stabbing the victim with the intent to kill, but the victim survives due to timely medical intervention.

Elements of Frustrated Felony:

Completion of Acts: The offender has performed all acts required to produce the intended crime.
Non-Accomplishment of Crime: The felony does not materialize due to external circumstances (e.g., medical intervention or failure of the intended action).

c. Consummated Stage

In this stage, the felony is fully executed with all its elements present, leading to the intended result.
Example: In homicide, the act of stabbing and successfully killing the victim completes the crime.

3. Overlap with Criminal Intent and Preparatory Acts

Overt acts differ from criminal intent and preparatory acts:
- Criminal Intent: This is the internal determination to commit a felony, which is not punishable unless accompanied by overt acts.
- Preparatory Acts: Actions that lay the groundwork for a crime (e.g., buying poison with the intent to kill). These are generally not punishable, except when covered by special laws (e.g., conspiracy or proposal under specific crimes like treason, rebellion, or terrorism).

4. Requisites for an Overt Act

To qualify as an overt act under criminal law, the following requisites must be met:

Intent to Commit the Crime: The act must be preceded by a clear criminal intent or motive.
Manifestation: The act must be visible and detectable to others.
Tendency to Produce the Felony: The act must directly contribute to the accomplishment of the criminal purpose.

5. Examples of Overt Acts

In Theft: Cutting the wires of a surveillance system to gain access to property.
In Arson: Pouring gasoline on a structure and striking a match.
In Murder: Pointing a gun at a victim and pulling the trigger (even if it misfires).

6. Special Notes on Overt Acts

a. Conspiracy and Proposal

Under Article 8 of the Revised Penal Code, mere conspiracy or proposal to commit a felony is not punishable, except in specific crimes (e.g., treason, rebellion, or coup d’état).
However, once an overt act occurs in furtherance of the conspiracy, all conspirators may be liable for the same stage of execution.

b. Continuity of Acts

When determining the stage of execution, acts must be viewed in their entirety, not in isolation. A sequence of acts may collectively amount to an overt act, even if individual actions seem preparatory.

c. Acts Done in Error

An overt act done under a mistaken belief or error in object (e.g., shooting the wrong person) may still constitute an attempted or frustrated felony.

7. Legal Principles and Jurisprudence

a. People v. Lizada (G.R. No. 232160)

Held that the overt act must lead directly to the commission of the felony and not merely be preparatory.

b. People v. Lamahang (G.R. No. L-3047)

Emphasized that an overt act demonstrates the commencement of execution and must be unequivocally related to the crime intended.

c. People v. Dungo (G.R. No. 209464)

Clarified the distinction between preparatory acts (not punishable) and overt acts (punishable in attempted crimes).

8. Summary

Overt acts bridge the gap between intention and actual execution of a crime.
The stage of execution depends on the offender's progress in performing acts necessary to achieve the criminal result.
Liability is determined by the presence, clarity, and direction of the overt act toward the commission of the felony.

Understanding overt acts ensures accurate application of the law and fair determination of criminal liability in varying stages of execution.