ELEMENTS OF AN IMPOSSIBLE CRIME

What then is an impossible crime? Is it an offense which is not most

likely to transpire? Or is it not penalize?
Heres a sample scenario. In a public crowded place, a person with
intent to gain, illegally and successfully took the wallet belonging to another,
but unfortunately upon searching the entries of the wallet not even a single
centavo was found inside.
Another example, a wife and her paramour were unintentionally found
by her husband, who came from a long and tiring work assigned in the other
town, as both were naked and seemed to have been fall in a deep sleep. And
because of what he saw, his heart crushed and without any doubt took his
gun and shot both his wife and the other man.
Eventually, based on the forensic investigations and police reports
conducted, it was found out that his wife and the paramour were already
dead three hours before the husband came to their house.
This two examples fall under the category of what is defined by the
Revised Penal Code as an impossible crime. This crime is committed by any
person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or
on account of the employment of inadequate or ineffectual means. 1
In the first example, the crime committed is against the property of another.
The purpose of gaining was not accomplished considering that no money
was found inside the wallet. Hence, there is an impossibility of crime of theft.
A crime against the person is what transpires in the second example.
Killing an already dead person can neither fall under the crime of murder nor
homicide since you can no longer inflict or employ harm or injury to a
cadaver. As such, there is an impossibility of a crime of murder or homicide.
And the penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are impossible shall be
arresto mayor or a fine from 200 to 500 pesos. This is when the person
intending to commit an offense has already performed the acts for the
execution of the same but nevertheless the crime was not produced by
reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are
essentially inadequate to produce the result desired by him, the court,
1 Article 4 Pag. 2 of the Revised Penal Code

having in mind the social danger and the degree of criminality shown by the
offender shall be penalized by the law.2

2 Article 59 of the Revised Penal Code