Lecture Notes: Articles 6 to 10

Article 6: Stages of Execution

• Stages of Execution:
  • Consummated
  • Frustrated
  • Attempted felonies
• Purpose: Determines the proper penalty under the revised Penal Code. Identifies persons criminally liable: principals, accomplices, and accessories.
• Consummated Felonies: All elements necessary for execution and accomplishment are present.
• Development of Crime:
  • Internal Acts: Not punishable (absolute rule)
  • External Acts: Preparatory acts and acts of execution.
• Mens Rea and Actus Rea: Both must concur for criminal liability.

Internal and External Acts

• Internal Acts: Not punishable if there is no external overt act.
• External Acts:
  • Preparatory Acts: Generally not punishable unless a law punishes them.
  • Acts of Execution: Punishable as attempted, frustrated, or consummated felonies.

Examples and Questions

• Example 1: Buying insecticide to poison wife is a preparatory act and not punishable unless there’s a specific law against it.
• Example 2: Possession of picklocks is a preparatory act for robbery but punishable due to illegal possession.

Objective and Subjective Phases

• Subjective Phase: Refers to attempted stage, when the offender still controls the execution.
• Objective Phase: Refers to frustrated or consummated felonies, loss of control over consequences.

Attempted vs. Frustrated Felonies

• Attempted Felony:
  • Commencement of felony by overt act, not all acts of execution performed.
  • Crime not consummated due to reasons other than spontaneous desistance.
• Frustrated Felony:
  • All acts of execution performed.
  • Crime not consummated due to reasons independent of perpetrator's will.

Illustrations

• Illustration 1: Attempted murder if the crime is not completed due to the shooter missing or the injury not being fatal.
• Illustration 2: Frustrated murder when the victim survives due to external aid, not the perpetrator’s actions.

Conspiracy

• Definition: Two or more persons agree and decide to commit a felony.
• Mere Conspiracy: Not punishable unless a specific law punishes it.
• Act of One is Act of All: Applied when there is a conspiracy.
• Illustration: If A and B conspire for murder but only B acts, A may not be liable unless the conspiracy is punishable.

Classification of Felonies

• Grave, Less Grave, Light Felonies:
  • Grave: Capital or afflictive penalties.
  • Less Grave: Correctional penalties.
  • Light Felonies: Fines or arresto menor (1 day to 30 days).

Special Complex Crimes

• Robbery with Homicide/Rape:
  • If by reason or on occasion of robbery, someone is killed or raped, all conspirators are liable for the complex crime.

Article 10: Application of Penalties

• Nomenclature of Penalties: Reclusion perpetua, prisión mayor, etc., unique to RPC.
• Distinctions: Reclusion perpetua vs. life imprisonment (SPL).

Summary

• Understanding the stages of execution, conspiracy, and classifications of felonies are vital for applying the correct penalties.
• Special complex crimes have unique rules, diverging from general principles on liability.
• Articles discuss the nuanced application of the law to different stages and types of criminal acts.