Frustrated Felony: Meaning
Quick answer
A frustrated felony is a crime that the offender carried out completely on his side, but that still did not happen, for reasons outside his control. It is one of the three stages of a felony in Article 6 of the Revised Penal Code, between an attempt and a consummated felony. The penalty is one degree lower than the penalty for the consummated crime.
Also called: Frustrated crime, Frustrated stage
What does Article 6 say?
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.
So a frustrated felony has two parts:
- All the acts of execution are done. Nothing more is needed from the offender for the crime to result.
- The felony is not produced, and the reason is a cause independent of the offender's will.
See the full explanation of Article 6.
How is it different from an attempt?
| Stage | What the offender has done | Why the crime is not complete |
|---|---|---|
| Attempted | Began the felony directly by overt acts, but did not perform all the acts of execution | Some cause or accident other than his own spontaneous desistance |
| Frustrated | Performed all the acts of execution | Causes independent of his will |
| Consummated | Everything; all the elements are present | Not applicable: the crime is complete |
What is the penalty?
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.
For an attempt, Article 51 lowers the penalty by two degrees. For example, homicide is punished by reclusion temporal under Article 249; the penalty for a frustrated homicide is one degree lower. How long each penalty lasts is in the table of the duration of penalties.
Does every crime have a frustrated stage?
No. In Valenzuela v. People (2007), the Supreme Court, sitting En Banc, applied Article 6 to theft under Article 308. It held that "theft cannot have a frustrated stage. Theft can only be attempted or consummated." The Court said the unlawful taking is complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of it, because the owner has by then been deprived of possession. See caught shoplifting before leaving the store.
A frustrated felony is also different from an impossible crime under Article 4, where the act could not have produced the offense at all. See Intod v. Court of Appeals.
Example
Made-up illustration: in a fight, Arnel stabs Ben with intent to kill, and Ben survives. If the court finds that Arnel performed all the acts of execution that would have caused death, and that Ben survived for causes independent of Arnel's will, this may be frustrated homicide under the words of Article 6. Whether the facts show an attempt, a frustrated felony or another crime, such as physical injuries, is decided by the court on the evidence.
Which provisions use this term?
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.
- Intod v. Court of Appeals (G.R. No. 103119)Intod v. Court of Appeals explained: shots fired into an empty bedroom were an impossible crime, not attempted murder, and what penalty the Court set.
Frequently asked questions
What is a frustrated felony?
Under Article 6 of the Revised Penal Code, a felony is frustrated when the offender performs all the acts of execution which would produce the felony, but the felony is not produced by reason of causes independent of his will.
What is the difference between frustrated and attempted?
In a frustrated felony the offender has performed all the acts of execution. In an attempt he has begun the felony by overt acts but has not performed all of them, because some cause or accident other than his own spontaneous desistance stopped him.
What is the penalty for a frustrated felony?
Article 50 imposes on the principal in a frustrated felony the penalty next lower in degree than the one prescribed by law for the consummated felony.
Is there frustrated theft?
No. In Valenzuela v. People (2007), the Supreme Court held that under the Revised Penal Code there is no crime of frustrated theft. Theft can only be attempted or consummated.
Is a frustrated felony the same as an impossible crime?
No. An impossible crime under Article 4 is an act that could not produce the offense, because it is inherently impossible or the means are inadequate or ineffectual. In a frustrated felony, the acts would produce the felony, but it is not produced for causes outside the offender's will.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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