Article 6 of the Revised Penal Code: Consummated, frustrated and attempted felonies
Status: In force
What does Article 6 say?
Consummated felonies, as well as those which are frustrated and attempted, are punishable.
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.
What does it mean in plain language?
Article 6 says that a felony can be punished at three stages: consummated, frustrated and attempted. A crime is consummated when all its elements are present. It is frustrated when the offender has done every act needed for the crime, but the crime still does not happen for reasons outside his control. It is attempted when the offender has started the crime by overt acts but has not done all the acts of execution.
The full text:
Consummated felonies, as well as those which are frustrated and attempted, are punishable.
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.
How does it work in real life?
Rico: stopped at the exit
Rico, a cashier, puts a phone from the shelf into his pocket. The guard stops him at the exit. Under Valenzuela, the theft is already consummated, because Rico had taken possession of the phone. There is no "frustrated" theft.
Lito: caught with his hand in the bag
On a jeepney, Lito slips his hand into a passenger's bag. The passenger notices and grabs his wrist before he can take anything. Lito began the crime by overt acts, but something other than his own choice stopped him before he finished. This may be attempted theft.
Dan: changes his mind
Dan opens a passenger's bag, then changes his mind on his own and closes it without taking anything. Nobody stopped him. Article 6 does not describe this as an attempt of theft, because he stopped by his own spontaneous desistance. Whether what he already did is some other offense depends on the facts.
What does this mean in practice?
- The stage changes the penalty. A frustrated or attempted felony gets a lower penalty than a consummated one (Articles 50 and 51).
- Not every crime has all three stages. Valenzuela shows that theft has only two. Whether a stage exists for another crime depends on how that crime is defined.
- The court decides. Whether the facts show a consummated, frustrated or attempted crime is decided by the court on the evidence.
- Related pages: theft, theft penalties by amount, homicide and murder.
- For the three stages side by side, see attempted, frustrated and consummated crimes compared.
What are the three stages of a crime?
| Stage | What the offender has done | Why the crime is not complete |
|---|---|---|
| Consummated | Everything; all the elements of the felony are present | It is complete |
| Frustrated | All the acts of execution that would produce the felony | The result does not happen, for causes independent of his will |
| Attempted | Started the felony directly by overt acts, but not all the acts of execution | Some cause or accident stopped him, other than his own spontaneous desistance |
"Overt acts" are outward, physical acts that begin the crime itself. Thinking about a crime, or only preparing for it, is not an overt act of execution.
What is the difference between frustrated and attempted?
The difference is how far the offender went:
- Frustrated. The offender did his part completely. Nothing more was needed from him, but the crime did not result, for reasons he did not control.
- Attempted. The offender started but did not finish all the acts of execution. Something other than his own free choice stopped him.
What is spontaneous desistance?
It means the offender stops on his own, freely, before finishing the acts of execution. Article 6 defines an attempt as stopping "by reason of some cause or accident other than his own spontaneous desistance". So when a person stops on his own will, the article does not describe this as an attempt of that felony. The acts already done may still be a different crime; that is for the court to decide.
How are the penalties lower for frustrated and attempted crimes?
The Code lowers the penalty by degrees:
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.
How long each penalty lasts is in the table of the duration of penalties.
Is there frustrated theft?
No. In Valenzuela v. People (2007), the accused had carried cases of detergent out of a supermarket and loaded them into a taxi before a guard stopped them. He argued that it was only frustrated theft, because he never had the chance to freely dispose of the goods. The Supreme Court, sitting En Banc, applied Article 6 to Article 308 and held that "theft cannot have a frustrated stage. Theft can only be attempted or consummated."
The Court explained that once the offender gains possession of the thing, the owner has already lost it, so the theft is complete. The fact that the offender could not yet dispose of it does not matter. The goods in that case were recovered at the scene, and the conviction for consummated theft was still upheld. See caught shoplifting before leaving the store.
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 are the three stages of a crime under the Revised Penal Code?
Article 6 names three: consummated, frustrated and attempted. A felony is consummated when all its elements are present, frustrated when the offender did every act of execution but the felony did not happen for causes independent of his will, and attempted when he started by overt acts but did not finish all the acts of execution.
What is the difference between frustrated and attempted?
In a frustrated felony the offender performs all the acts of execution, but the result does not happen for reasons outside his will. In an attempt he begins the crime by overt acts but does not perform all the acts of execution, because of some cause or accident other than his own spontaneous desistance.
Is there frustrated theft in the Philippines?
No. In Valenzuela v. People (2007), the Supreme Court held that under the Revised Penal Code there is no crime of frustrated theft. Theft is either attempted or consummated.
Are attempted and frustrated crimes punished the same as consummated ones?
No. Article 50 gives the principal in a frustrated felony the penalty next lower in degree than the one for the consummated felony. Article 51 gives the principal in an attempt a penalty lower by two degrees.
What if the person stops on his own before finishing the crime?
Article 6 defines an attempt as stopping because of a cause or accident other than the offender's own spontaneous desistance. So stopping on one's own free will is not described as an attempt of that felony. Whether the acts already done are another crime is for the court to decide.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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