Art

4 Paragraph 1
Criminal liability shall be incurred by any person committing a felony although the wrongful act
done be different from that which he intended
Requisites:
1. that an intentional felony has been committed
2. the wrong done to the aggrieved party should be the direct, natural, logical
consequence of the felony committed

PROXIMATE CAUSE - it is that cause, which, in the natural and continuous sequence of events,
unbroken by any efficient intervening cause, produces the injury, and without which the result
would not have occurred

(EIC) Efficient Intervening Cause - It is the cause which interrupted the natural flow of events
leading to one’s death. This may relieve the offender from liability.

Art 4 Paragraph 2
Criminal liability shall be incurred 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
an account of the employment of inadequate or ineffectual means.
Requisites: (PEIN)
1. That the act performed would be an offense against persons or property;
2. That the act was done with evil intent;
3. That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual; and
4. That the act performed should NOT constitute a violation of another provision of the RPC.

Inherent impossibility of its accomplishment:
a.Legal impossibility – where the intended acts, even if completed would not amount to a crime.
E.g. Stealing a property that turned out to be owned by the stealer (Jacinto vs. People)
b.Physical impossibility – When extraneous circumstances unknown to the actor or beyond his
control prevent the consummation of the intended crime.
E.g. When one tries to murder a corpse (Intod vs CA)


Art. 6. Consummated, frustrated, and attempted felonies — Consummated felonies
as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when 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.
There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than this own spontaneous desistance.

Formal Crimes or Crimes of Effect
These are felonies which by a single act of the accused consummates the offense as a matter of
law (i.e. physical injuries, acts of lasciviousness, attempted flight to an enemy country, coercion,
slander, illegal exaction).

Material crimes
These are crimes which involve the three stages of execution.

1. Consummated felony
When all the elements necessary for its execution and accomplishment are present.

2. Frustrated Felony
Elements:
a. The offender performs all the acts of execution;
b. All the acts performed would produce the felony as a consequence; (belief of accused as to
whether or not he had performed all acts of execution is immaterial)
c. But the felony is not produced; and
d. By reason of causes independent of the will of the
perpetrator.

3. Attempted Felony
Elements:
a. The offender commences the commission of the felony directly by overt acts;
b. He does not perform all the acts of execution which should produce the felony;
c. He is not stopped by his own spontaneous desistance; and
d. The non-performance of all acts of execution was due to a cause or accident other than the
offender’s own spontaneous desistance.

OVERT ACTS – Some physical activity or deed, indicating intention to commit a particular crime,
more than a mere planning or preparation, which if carried to its complete termination following
its natural course, without being frustrated by external obstacles, nor by voluntary desistance of
the perpetrator will logically ripen into a concrete offense.

INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not
certain. Its nature in relation to its objective is ambiguous. The intention of the accused must be
viewed from the nature of the acts executed by him, and not from his admission. The accused
maybe convicted for a felony defined by the acts performed by him up to the time of desistance.

It is necessary to establish an unavoidable connection & logical & natural relation of cause and
effect. It’s also important to show clear intent to commit crime.

Desistance
It is an absolutory cause which negates criminal liability because the law encourages a person
to desist from committing a crime.

Subjective Phase
It is that portion of the acts constituting the crime, starting from the point where the offender
begins the commission of the crime to that point where he has still control over his acts,
including their (acts) natural course.

Objective Phase
It is the result of the acts of the execution, that is, the accomplishment of the crime.
If the subjective and objective phases are present, there is a consummated felony.