1.

When are felonies:

a. Consummated?
A felony is consummated when all the elements necessary for its
execution and accomplishment are present. (RPC, Art. 6, par. 2)
b. Frustrated?
A felony 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. (RPC, Art. 6, par. 2)
c. Attempted?
A felony is attempted when the offender commences the commission
of a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistence. (RPC, Art. 6,
par. 3)

2. How do the stages of a felony affect the liability of a criminal?

The stages of a felony affect the liability of a criminal by being the
basis of the criminal’s liability to the case. The liability of a criminal
will be based upon the stages of felony he reached. RPC, Art. 6, p. 97
stated that in performing the acts of execution of a felony, the
offender may reach only the first stage or the second stage. In either
case, he does not produce the felony he intends to commit, but he is
liable for attempted felony or frustrated felony, as the case may be.

3. What crime did B commit?

B committed frustrated homicide. Although, B desisted and fled after
he thought that A already stopped breathing, he had already inflicted
a mortal wound on A, which could have produced his death were it
not for the timely administered first aid of the stranger.
4. What crime did C commit?
 C committed attempted theft. It was held that C already commenced
to carry out his felonious intention, and that if he did not successfully
executed all the acts which should have produced the crime of theft,
it was because of the vehicle’s owner’s timely intervention. C’s over
acts consisted of taking and driving the vehicle without the owner’s
consent up until at an intersection where he was spotted.

5. What crime did Y commit?

Y did not commit a crime. Under the law, there is no crime of
frustrated rape. It was held that Y did not penetrate the genital organ
of X, thus he can only be found guilty of frustrated rape.

6. What crime did T commit?

T committed attempted homicide. T fired shots until his gun ran out
of ammunition while V sped off to avert further shooting and save his
own life. Not having hit V, either because of his poor aim or because
V succeeded in dodging the bullets, T failed to perform all the acts of
execution, but his intent to kill V was evidently present.

7. What crime did G attempt to commit, if any?

G attempted to commit attempted estafa by means of deceit. G’s
means of wanting to defraud H by issuing her a bouncing check as
payment for the food is the overt act. The food tasted so good is the
cause which prevented H from performing all the acts of execution.

8. Are O and R guilty of an attempted crime under the circumstances?

Yes, they are guilty. R pursuant to O’s order, commenced the
commission of the crime by cutting the tree without obtaining a
permit with criminal intent. Although, the neighbor intervened, R’s
chainsaw already penetrated about an inch of the tree’s trunk. Thus,
both O and R are guilty of attempted felony because of conspiracy.
 Furthermore, even if conspiracy is not punishable, O and R will still
get punished since the law specially provides a penalty of cutting a
coconut tree without obtaining a permit.

9. How does the attempted stage differ from the frustrated stage of a felony?
There is intervention in the attempted stage, and the offender did
not arrive at a point of performing all the acts which should produce
the crime. The offender has not passed the subjected phase yet. In
contrast with the attempted stage, there is no intervention of a
foreign or extraneous cause or agency between the beginning of the
consummation of the crime and the moment when all of the acts
have been performed which should result in the consummated crime
in the frustrated stage of a felony. The offender has also reached the
objective phase. (R. P. C. Art. 6, p. 111)

10. A. When are light felonies punishable?

Light felonies are punishable only when they have been
consummated, except for those committed against person or
property.
B. What are light felonies?
Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding P200, or both, is
provided. The light felonies are slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing against honor.

11. State the rule regarding conspiracy and proposal to commit a felony.
Conspiracy and proposal to commit felony are not punishable. They
are punishable only in the cases in which the law specially provides a
penalty therefor.
 The reason for the rule above is that conspiracy and proposal to
commit a crime are only preparatory acts, and the law regards them
as innocent or at least permissible except in rare and exceptional
cases.

12. What is the consequence if a felony is committed with the attendance of

conspiracy?
When the conspiracy relates to a crime actually committed, it is not a
felony but only a manner of incurring criminal liability; the act of one
is the act of all. All the conspirators who carried out their plan and
personally took part in its execution are equally liable.

13. When is there a conspiracy?

There is conspiracy when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.

14. What are the instances where the mere participation in a conspiracy or
proposal to commit a felony is already punishable?
The instances are when it is Art. 115, a conspiracy to commit treason,
Art. 136, a conspiracy to commit coup d’etat, rebellion or
insurrection, and or Art. 141, a conspiracy to commit sedition.

15. What are grave felonies, less grave felonies, and light felonies?
Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Article 25 of the Revised Penal Code.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with
the above-mentioned article.
Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided. (R.P.C, Art. 9)