The Three Stages of Execution in Philippine Criminal Law: Consummated, Frustrated, and Attempted Felonies
Have you ever watched a crime movie where the heist goes wrong at the very last second? Or where the police catch the bad guy right before he pulls the trigger? In the eyes of the law, not all “failed” crimes are equal.
In Philippine Criminal Law (Article 6 of the Revised Penal Code), how “close” you get to finishing the crime determines your punishment. It’s not just about the result; it’s about the journey of execution. Let’s break down the three stages—Attempted, Frustrated, and Consummated—using plain English and relatable examples.
1. Attempted Felony: “The Interrupted Start”
The Vibe: You started the crime, but something stopped you before you could really get going.
The Legal Definition: You commenced the crime with overt acts (physical actions), but you didn’t finish all the necessary steps because of an accident or an outside force (not because you voluntarily gave up).
Real-World Analogy: Imagine you are trying to bake a cake. You bought the ingredients, mixed the batter, and preheated the oven. But just as you were about to put the pan inside, the power went out.
The “Pickpocket” Example:
Ben sneaks his hand into a commuter’s bag to steal a wallet. He touches the wallet, but before he can pull it out, the commuter feels it and grabs Ben’s hand.
Verdict: Attempted Theft. He started it, but an outside force (the alert commuter) stopped him from finishing the act of taking.
2. Frustrated Felony: “So Close, Yet So Far”
The Vibe: You did absolutely everything you needed to do. You pulled the trigger, you mixed the poison, you threw the stone. But the result didn’t happen because of luck or medical science.
The Legal Definition: You performed all the acts of execution. Nothing was left for you to do. But the crime wasn’t “produced” (the victim didn’t die, the house didn’t burn down) due to causes independent of your will.
Real-World Analogy: You baked the cake perfectly. You put it in the oven, set the timer, and waited. But when you took it out, it collapsed because the yeast was expired. You did your part perfectly, but the result failed due to chemistry.
The “Hospital Savior” Example:
Juan shoots Pedro in the chest, intending to kill him. Pedro falls, bleeding profusely. Juan runs away, believing Pedro is dead. However, a bystander rushes Pedro to the hospital, and skilled doctors save his life.
Verdict: Frustrated Homicide. Juan did everything necessary to kill (he shot a fatal area), but medical science (an independent cause) prevented the death.
3. Consummated Felony: “Mission Accomplished”
The Vibe: You did it. The result happened.
The Legal Definition: All elements of execution and accomplishment are present.
Real-World Analogy: You baked the cake, frosted it, and served it. Success.
The “Successful Thief” Example:
Maria grabs a phone from a table at a coffee shop and runs out the door. Even if she is caught 5 minutes later by police, the crime was already consummated the moment she had full control of the phone.
Summary Checklist
When analyzing a case, ask these questions in order:
- Did the offender do ALL the acts necessary?
- NO: It’s likely Attempted.
- YES: Proceed to question 2.
- Did the result (e.g., death, fire, theft) actually happen?
- NO: It’s Frustrated.
- YES: It’s Consummated.
Note: This guide simplifies complex legal concepts for students. Always refer to the specific provisions of the Revised Penal Code for nuanced cases.