Subjective Phase and Objective Phase | Stages of Execution | Felonies | REVISED PENAL CODE – BOOK ONE

Subjective Phase and Objective Phase in the Stages of Execution (Criminal Law – Revised Penal Code Book One)

In criminal law, the subjective phase and objective phase are critical concepts in determining the liability of a person in the stages of execution of felonies under the Revised Penal Code (RPC) of the Philippines. These phases differentiate the acts of the offender during the commission of a felony and help establish whether criminal liability arises at certain stages of execution.

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I. The Stages of Execution

The stages of execution refer to the progression of acts committed by the offender in the commission of a felony. These stages include:

1. Attempted stage – The offender commences the commission of a felony directly by overt acts but does not perform all the acts of execution due to an independent cause.
2. Frustrated stage – The offender performs all the acts of execution necessary to produce the felony, but the felony is not produced due to causes independent of the offender’s will.
3. Consummated stage – The felony is produced as a result of the offender's acts.

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II. Subjective Phase

Definition

The subjective phase refers to the portion of the execution of the felony starting from the commencement of overt acts up to the point where the offender still has control over the execution of the acts.

Key Characteristics

1. Scope of the Subjective Phase:

   • It begins with the commission of overt acts by the offender.
   • It ends when the offender loses control over the execution of the crime, typically when external forces intervene or when the intended outcome becomes inevitable.

2. Control by the Offender:

   • The offender's acts are still volitional, meaning they are within his power to stop or continue.

3. Application in the Attempted Stage:

   • The subjective phase is most relevant in the attempted stage of execution.
   • If the offender is stopped or desists voluntarily during the subjective phase, criminal liability may not attach, as there is no attempted felony.

4. No Felony Yet Produced:

   • Since the felony is still within the offender's control, it has not yet been produced, nor have all acts of execution been performed.

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III. Objective Phase

Definition

The objective phase refers to the portion of the execution of the felony after the offender loses control over its completion and external forces take over.

Key Characteristics

1. Completion of Overt Acts:

   • The offender has already performed all the acts of execution necessary to bring about the intended felony.

2. Loss of Control by the Offender:

   • The offender no longer has the ability to stop the commission of the felony because the acts performed have set in motion the effects that lead to the crime.

3. Relevance in Frustrated and Consummated Stages:

   • The objective phase is critical in determining whether the felony has reached the frustrated stage (where the felony is not produced due to independent causes) or the consummated stage (where the intended felony is achieved).

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IV. Importance of the Subjective and Objective Phases in Criminal Liability

1. Determining Criminal Liability:

   • The distinction between these phases helps identify the stage of execution at which the offender must be held criminally liable.
   • If an offender is stopped during the subjective phase (attempted stage), liability may be for attempted felony, provided there is an overt act.

2. Application to Specific Felonies:

   • In crimes requiring specific intent (e.g., theft, homicide), the subjective phase is particularly significant in assessing the offender's mental state and volition.

3. Acts Independent of the Offender's Will:

   • When external or independent causes prevent the commission of a felony during the objective phase, the liability shifts to the frustrated stage.

4. Impossible Crimes and Desistance:

   • If the offender voluntarily desists during the subjective phase, criminal liability may be extinguished, except in impossible crimes (e.g., Art. 4, RPC).

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V. Jurisprudential Application

The Supreme Court of the Philippines has elucidated the importance of subjective and objective phases in several cases. Notable principles include:

1. People v. Lizada:

   • Distinguished the attempted stage from the frustrated stage based on the completion of overt acts and the production of the intended felony.

2. People v. Orita:

   • Clarified that an attempted felony occurs when acts of execution are commenced but are not completed due to reasons outside the offender's control, within the subjective phase.

3. People v. Villacorta:

   • Emphasized that in frustrated felonies, the offender has passed the subjective phase, and external forces prevent the felony’s consummation.

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VI. Practical Implications

1. Prosecutorial Role:

   • Prosecutors must establish where the offender’s acts fall within the subjective and objective phases to accurately charge and prosecute the offense.

2. Defense Strategies:

   • Defense counsel may argue lack of overt acts or voluntary desistance during the subjective phase to reduce or negate liability.

3. Judicial Determination:

   • Courts must evaluate the evidence to determine whether the offender’s acts remained in the subjective phase or crossed into the objective phase.

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The distinction between the subjective and objective phases is vital for understanding criminal liability in the stages of execution under the Revised Penal Code. Proper analysis ensures that justice is equitably administered based on the offender’s conduct and intent.