SUBJECT : Whether or not there is frustrated arson
DATE : 28 April 2018
Dear Chief:
This memorandum is with regard to the question of
whether or not there is frustrated arson.
In determining whether the felony is attempted,
frustrated or consummated, the court consider the definition under Article 6 of the Revised Penal Code, or the stages of execution of the felony.
ARTICLE 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 perform all the acts of execution which would produce a felony as a consequence but which, nevertheless, do not produce it by reason of some 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 Memorandum for the Solicitor General Whether or not there is frustrated arson Page 2 of 3 x--------------------------------------------------x
which would produce the felony by reason of some
cause or accident other that this own spontaneous desistance.
The frustrated stage of arson has been eased out. The
reasoning is that one cannot say that the offender, in the crime of arson, has already performed all the acts of execution which could produce the destruction of the premises through the use of fire, unless a part of the premises has begun to burn. If it has not begun to burn, that means that the offender has not yet performed all the acts of execution. On the other hand, the moment it begins to burn, the crime is consummated. Actually, the frustrated stage is already standing on the consummated stage except that the outcome did not result. As far as the stage is concerned, the frustrated stage overlaps the consummated stage.
In People v. Hernandez,1 the court ruled that “the crime
of arson was consummated, notwithstanding the fact that the fire was afterwards extinguished, for, once the fire has been started, the consummation of the crime of arson does not depend upon the extent of the damage caused.”
In People v. Po Chengco,2 the court ruled that “When a
building is set on fire, it is not necessary that it should be entirely consumed in order to constitute the consummated Crime; nor is the crime affected by the prompt extinction of the fire.”
There can be no frustrated stage, but only attempted
stage if the fire was not yet applied to the building. But if fire was applied to the building or a part thereof but no part of the building was burned, then it is attempted. The only 1 G.R. No. 31770 2 G.R. No. 7819 Memorandum for the Solicitor General Whether or not there is frustrated arson Page 3 of 3 x--------------------------------------------------x
consideration is whether or not the accused succeeded in
burning a part of the building. If no part of the building was burned, it is still attempted arson no matter how far gone were the acts of the accused. Slightest discoloration of a part of a building is consummated arson.
In this case, the undersigned is convinced that there is