Attempted, Frustrated and Consummated Crimes Compared
Quick answer
The Revised Penal Code punishes a felony at three stages. It is consummated when every element of the crime is present. It is frustrated when the offender has done everything needed to commit it, but the crime does not happen for reasons outside his control. It is attempted when the offender has started by overt acts but has not done everything needed. The penalty goes down by one degree for a frustrated felony and by two degrees for an attempted one.
| Aspect | Attempted | Frustrated | Consummated | Legal basis |
|---|---|---|---|---|
| Definition (Art. 6) | The offender starts the felony directly by overt acts but does not perform all the acts of execution. | The offender performs all the acts of execution that would produce the felony, but it is not produced. | All the elements needed for the execution and accomplishment of the felony are present. | Article 6, Revised Penal Code |
| Why the felony is not completed | Some cause or accident other than the offender's own spontaneous desistance. | Causes independent of the will of the offender. | Not applicable: the felony is completed. | Article 6, Revised Penal Code |
| Penalty of the principal | Two degrees lower than the penalty for the consummated felony (Art. 51). | One degree lower than the penalty for the consummated felony (Art. 50). | The penalty the law sets for the felony. | |
| Theft | Possible. | Not possible: there is no crime of frustrated theft (Valenzuela v. People, 2007). | Complete once the offender gains possession of the thing, even without a chance to dispose of it (Valenzuela). | Article 308, Revised Penal Code |
| Damages to the victim in homicide and similar crimes with divisible penalties (People v. Jugueta) | ₱20,000 civil indemnity and ₱20,000 moral damages; ₱20,000 exemplary damages only if an aggravating circumstance was proven. | ₱30,000 civil indemnity and ₱30,000 moral damages; ₱30,000 exemplary damages only if an aggravating circumstance was proven. | ₱50,000 civil indemnity and ₱50,000 moral damages; ₱50,000 exemplary damages only if an aggravating circumstance was proven. |
What does Article 6 say?
Article 6 defines the three stages:
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 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 desistance.
Two questions sort most cases:
- Did the offender perform all the acts of execution? If not, it is at most an attempt. If yes, it is frustrated or consummated.
- Was the result produced? If all the elements are present, it is consummated. If the offender did everything but the result did not follow, for reasons independent of his will, it is frustrated.
An attempt also needs a cause or accident that stops the offender. If he stops of his own free will, that is spontaneous desistance, which the definition of an attempt leaves out.
How does the stage change the penalty?
Articles 50 and 51 lower the penalty of the principal:
The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.
A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.
The difference can decide whether an accused may apply for probation. In Colinares v. People (2011), the trial court convicted the accused of frustrated homicide, with a maximum of six years and one day of prision mayor, which was too high for probation. The Supreme Court found only attempted homicide, with a maximum of two years and four months of prision correccional, and allowed him to apply for probation. See Who can apply for probation?
The stage also changes the damages paid to the victim. In People v. Jugueta (2016), the Supreme Court set lower standard amounts for frustrated and attempted crimes than for consummated ones, as shown in the table above. See Damages for death in a criminal case.
Why is there no frustrated theft?
Because of how theft is completed. In Valenzuela v. People (2007), the accused loaded cases of detergent taken from a supermarket into a taxi and were caught at the scene. He argued that the theft was only frustrated, since he never had the chance to dispose of the goods. The Supreme Court disagreed. It held that the taking is complete once the offender gains possession of the thing, so "there is no crime of frustrated theft". Theft is either attempted or consummated.
See Caught shoplifting before leaving the store, Theft penalty in the Philippines and Robbery vs theft.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Mark hides a bottle of perfume in his bag inside a store and is stopped by the guard at the exit. He had already taken possession of it, so under Valenzuela the theft is consummated, not frustrated.
Nestor climbs a fence at night to take a neighbor's bicycle, then changes his mind on his own and goes home without touching anything. Stopping by his own spontaneous desistance is outside the definition of an attempt. Whether his acts are another offense depends on the facts.
When do you need a lawyer?
The stage of a crime is decided by the court on the evidence, and it changes the penalty, the chance of probation and the damages. If you are accused of a crime or you are a victim following a case, talk to a lawyer. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
- Valenzuela v. People (G.R. No. 160188)Valenzuela v. People explained: theft is consummated once the thief takes possession, so there is no frustrated theft under the Revised Penal Code.
- People v. Jugueta (G.R. No. 202124)People v. Jugueta explained: the 2016 ruling that set standard civil indemnity, moral, exemplary and temperate damages for murder and homicide cases.
- Colinares v. People (G.R. No. 182748)Colinares v. People explained: an accused who appealed may still apply for probation when the appeal court lowers the penalty to one that allows it.
Frequently asked questions
What is the difference between an attempted and a frustrated felony?
In an attempted felony, the offender starts the crime by overt acts but does not perform all the acts of execution. In a frustrated felony, the offender performs all the acts of execution, but the crime is not produced because of causes independent of his will.
What is a consummated felony?
Under Article 6 of the Revised Penal Code, a felony is consummated when all the elements necessary for its execution and accomplishment are present.
How much lower is the penalty for an attempt?
For the principal, a frustrated felony carries the penalty one degree lower than the consummated felony (Article 50), and an attempted felony the penalty two degrees lower (Article 51).
Is there such a thing as frustrated theft?
No. In Valenzuela v. People (2007), the Supreme Court held that theft can only be attempted or consummated. It is consummated once the offender takes possession of the thing, even if he is caught before he can leave.
What if the offender stops on his own?
Article 6 defines an attempt as a felony not completed by reason of some cause or accident other than the offender's own spontaneous desistance. Stopping of one's own free will is therefore outside that definition. Whether the acts already done are another crime depends on the facts.
Can the stage of the crime change the penalty on appeal?
Yes. In Colinares v. People (2011), a conviction for frustrated homicide was lowered on appeal to attempted homicide. The maximum term fell from six years and one day of prision mayor to two years and four months of prision correccional.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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