Q.1. Explain the stages in commission of a crime
If a person commits crime voluntarily or after premeditation
the doing of it involves four stages. These four stages are:
(1) Intention
(2) Preparation
(3) Attempt and
(4) Accomplishment or commission of crime
A. THE FIRST IS THE MENTAL STAGE - INTENTION
General Rule: Mental acts such as thoughts, ideas, opinions
and beliefs, are not subject of penal legislations. One may
express an idea which is contrary to law, morals or is
unconventional, but as long as he does not act on them or
induce others to act on them, such mental matters are
outside the realm of penal law and the person may not be
subjected to criminal prosecution.
B. THE SECOND – PREPARATION :
The External Stage which is where the accused performs acts
which are observable
1). The Preparatory acts: Acts which may or may not lead to
the commission of a concrete crime. Being equivocal they are
not as rule punishable except when there is an express
provision of law punishing specific preparatory acts.
Example: (i) the general rule: buying of a gun, bolo or
poison, even if the purpose is to use these to kill a person; so
also with conspiracies and proposals. (ii) the exception:
possession of picklocks and false keys is punished; as with
conspiracies to commit treason, rebellion, sedition and coup
d’etat
2) The Acts of execution: the attempted, frustrated and
consumated stages
Only to intentional felonies by positive acts but not to: (i).
Felonies by omission (ii) Culpable felonies and (iii) Violations of
special laws, unless the special law provides for an attempted
or frustrated stage. Examples of the exception are The
1
,Dangerous Drugs Law which penalizes an attempt to violate
some of its provisions, and The Human Security Act of 2007
III. THE ATTEMPTED STAGE - ATTEMPT:
"The accused commences the commission of a felonious act
directly by overt acts but does not perform all the acts of
execution due to some cause or accident other than his own
spontaneous desistance”
A).(1). The attempt which the Penal Code punishes is that
which has a connection to a particular, concrete offense, that
which is the beginning of the execution of the offense by
overt acts of the perpetrator, leading directly to the its
realization and commission (2) The act must not be equivocal
but indicates a clear intention to commit a particular and
specific felony. Thus the act of a notorious criminal in
following a woman cannot be the attempted stage of any
felony.
B). Overt or external act is some physical deed or activity,
indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried out to
is complete termination following its natural course, without
being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily
ripen into a concrete offense
C). Examples:
1. The accused pressed a chemically -soaked cloth on the
mouth of the woman to induce her to sleep, while he lay on
top of her and pressed his body to her. The act is not the
overt act that will logically and necessarily ripen into
rape. They constitute unjust vexation. ( Note: it would be
attempted rape if he tried to undress the victim or touch
her private parts) ( Balleros vs. People, Feb, 22, 2006)
2. One found inside a house but no article was found on
him, is liable for trespass and not for attempted theft or
robbery even if he is a notorious robber
3. One found removing the glass window panes or making
a hole in the wall is not liable for attempted robbery but for
attempted trespass
2
, D) The accused has not yet passed the subjective phase or
that phase encompassed from the time an act is executed
which begins the commission of the crime until the time of
the performance of the last act necessary to produce the
crime, but where the accused has still control over his actions
and their results.
E).The accused was not able to continue performing the acts
to produce the crime. He was prevented by external forces
and not because he himself chose not to continue. Such as
when his weap0n was snatched, or his intended victim
managed to escape, or he was overpowered or arrested.
F). If the accused voluntarily desisted i.e he himself decided
not to continue with his criminal purpose, then he is not
liable.
1. Reason: This is an absolutory cause by way of reward to
those who, having set one foot on the verge of crimes,
heed the call of their conscience and return to the path of
righteousness. .
2. The reason for the desistance is immaterial
3. Exceptions: when the accused is liable despite his
desistance
a). when the act performed prior to the desistance
already constituted the attempted stage of the intended
felony. For example: the accused, with intent to kill, shot
at the victim but missed after which he “desisted”, his
acts already constituted attempted homicide
b). When the acts performed already gave rise to the
intended felony. The decision not to continue is not a
legal but factual desistance. As in the case of a thief who
returned what he stole.
c). When the acts performed constitute a separate
offense. Pointing a gun at another and threatening to kill,
and then desisting gives rise to grave threats.
IV. ACCOMPLISHMENT OR COMMISSION OF CRIME:
3
, The accused has performed all the acts of execution necessary
to produce the felony but the crime is not produced by reason
of causes independent of the will of the accused.
A. The accused has passed the subjective phase and is now
in the objective phase, or that portion in the commission of
the crime where the accused has performed the last act
necessary to produce the intended crime and where he has
no more control over the results of his acts.
B. The non-production of the crime should not be due to the
acts of the accused himself, for if it were he would be liable
not for the frustrated stage of the intended crime, but
possibly for another offense.
Thus: where the accused shot the victim mortally wounding
him, but he himself saved the life of his victim, his liability is
that for serious physical injuries as the intent to kill is
absent.
C. Attempted vs. Frustrated Homicide/murder. Where the
accused, with intent to kill, injured the victim but the latter
did not die, when is the crime attempted or frustrated?
1. First View: “The subjective phase doctrine”. If at that
point where the accused has still control over the results of
his actions but is stopped by reason outside of his own
desistance and the subjective phase has not been passed,
the offense is attempted
2. Second View: The Mortal Wound or Life Threatening
Injury Doctrine: If a mortal wound or life threatening
injury had been inflicted, the offense is frustrated, else it is
attempted ( Palaganas vs. PP., Sept. 12, 2006)
3. Third View: The belief of the accused should be
considered in that if the accused believed he has done all
which is necessary to produce death, then it is frustrated.
Q.2 Theories of Punishment:
One can surely observe how closely are crime and punishment
related. The researcher would in this chapter precisely like to
stress on this point itself.
4
If a person commits crime voluntarily or after premeditation
the doing of it involves four stages. These four stages are:
(1) Intention
(2) Preparation
(3) Attempt and
(4) Accomplishment or commission of crime
A. THE FIRST IS THE MENTAL STAGE - INTENTION
General Rule: Mental acts such as thoughts, ideas, opinions
and beliefs, are not subject of penal legislations. One may
express an idea which is contrary to law, morals or is
unconventional, but as long as he does not act on them or
induce others to act on them, such mental matters are
outside the realm of penal law and the person may not be
subjected to criminal prosecution.
B. THE SECOND – PREPARATION :
The External Stage which is where the accused performs acts
which are observable
1). The Preparatory acts: Acts which may or may not lead to
the commission of a concrete crime. Being equivocal they are
not as rule punishable except when there is an express
provision of law punishing specific preparatory acts.
Example: (i) the general rule: buying of a gun, bolo or
poison, even if the purpose is to use these to kill a person; so
also with conspiracies and proposals. (ii) the exception:
possession of picklocks and false keys is punished; as with
conspiracies to commit treason, rebellion, sedition and coup
d’etat
2) The Acts of execution: the attempted, frustrated and
consumated stages
Only to intentional felonies by positive acts but not to: (i).
Felonies by omission (ii) Culpable felonies and (iii) Violations of
special laws, unless the special law provides for an attempted
or frustrated stage. Examples of the exception are The
1
,Dangerous Drugs Law which penalizes an attempt to violate
some of its provisions, and The Human Security Act of 2007
III. THE ATTEMPTED STAGE - ATTEMPT:
"The accused commences the commission of a felonious act
directly by overt acts but does not perform all the acts of
execution due to some cause or accident other than his own
spontaneous desistance”
A).(1). The attempt which the Penal Code punishes is that
which has a connection to a particular, concrete offense, that
which is the beginning of the execution of the offense by
overt acts of the perpetrator, leading directly to the its
realization and commission (2) The act must not be equivocal
but indicates a clear intention to commit a particular and
specific felony. Thus the act of a notorious criminal in
following a woman cannot be the attempted stage of any
felony.
B). Overt or external act is some physical deed or activity,
indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried out to
is complete termination following its natural course, without
being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily
ripen into a concrete offense
C). Examples:
1. The accused pressed a chemically -soaked cloth on the
mouth of the woman to induce her to sleep, while he lay on
top of her and pressed his body to her. The act is not the
overt act that will logically and necessarily ripen into
rape. They constitute unjust vexation. ( Note: it would be
attempted rape if he tried to undress the victim or touch
her private parts) ( Balleros vs. People, Feb, 22, 2006)
2. One found inside a house but no article was found on
him, is liable for trespass and not for attempted theft or
robbery even if he is a notorious robber
3. One found removing the glass window panes or making
a hole in the wall is not liable for attempted robbery but for
attempted trespass
2
, D) The accused has not yet passed the subjective phase or
that phase encompassed from the time an act is executed
which begins the commission of the crime until the time of
the performance of the last act necessary to produce the
crime, but where the accused has still control over his actions
and their results.
E).The accused was not able to continue performing the acts
to produce the crime. He was prevented by external forces
and not because he himself chose not to continue. Such as
when his weap0n was snatched, or his intended victim
managed to escape, or he was overpowered or arrested.
F). If the accused voluntarily desisted i.e he himself decided
not to continue with his criminal purpose, then he is not
liable.
1. Reason: This is an absolutory cause by way of reward to
those who, having set one foot on the verge of crimes,
heed the call of their conscience and return to the path of
righteousness. .
2. The reason for the desistance is immaterial
3. Exceptions: when the accused is liable despite his
desistance
a). when the act performed prior to the desistance
already constituted the attempted stage of the intended
felony. For example: the accused, with intent to kill, shot
at the victim but missed after which he “desisted”, his
acts already constituted attempted homicide
b). When the acts performed already gave rise to the
intended felony. The decision not to continue is not a
legal but factual desistance. As in the case of a thief who
returned what he stole.
c). When the acts performed constitute a separate
offense. Pointing a gun at another and threatening to kill,
and then desisting gives rise to grave threats.
IV. ACCOMPLISHMENT OR COMMISSION OF CRIME:
3
, The accused has performed all the acts of execution necessary
to produce the felony but the crime is not produced by reason
of causes independent of the will of the accused.
A. The accused has passed the subjective phase and is now
in the objective phase, or that portion in the commission of
the crime where the accused has performed the last act
necessary to produce the intended crime and where he has
no more control over the results of his acts.
B. The non-production of the crime should not be due to the
acts of the accused himself, for if it were he would be liable
not for the frustrated stage of the intended crime, but
possibly for another offense.
Thus: where the accused shot the victim mortally wounding
him, but he himself saved the life of his victim, his liability is
that for serious physical injuries as the intent to kill is
absent.
C. Attempted vs. Frustrated Homicide/murder. Where the
accused, with intent to kill, injured the victim but the latter
did not die, when is the crime attempted or frustrated?
1. First View: “The subjective phase doctrine”. If at that
point where the accused has still control over the results of
his actions but is stopped by reason outside of his own
desistance and the subjective phase has not been passed,
the offense is attempted
2. Second View: The Mortal Wound or Life Threatening
Injury Doctrine: If a mortal wound or life threatening
injury had been inflicted, the offense is frustrated, else it is
attempted ( Palaganas vs. PP., Sept. 12, 2006)
3. Third View: The belief of the accused should be
considered in that if the accused believed he has done all
which is necessary to produce death, then it is frustrated.
Q.2 Theories of Punishment:
One can surely observe how closely are crime and punishment
related. The researcher would in this chapter precisely like to
stress on this point itself.
4
