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Material Crimes
4 Attempted Stage (Elements)
Formal Crimes
The offender is still in the subjective phase, the Crimes Which do not Admit of Frustrated Stage:
offender has still control over his acts, he may
proceed in the commission of the crime or he may
desist. The moment he desist on his own spontaneous
desistance then he will no longer be held criminally 1. Theft (Valenzeula v. People, Canceran v.
liable. People)
Desistance negates criminal liability in the attempted 2. Rape (People vs. Quinanola & Floro, People
stage but not in the frustrated or consummated stage. vs. Pareja, People vs. Lizada, People vs.
The offender commences the commission of the Jalosjos)
felony directly by overt acts. The attempted felony 3. Impossible Crime
that is punished by law is one that is directly
connected to the overt act performed by the offender
even if he has a different crime in mind.
1. The offender commences the commission of the
felony directly by overt acts
Overt Acts –
Directly by OA –
CIP: People vs Lamahang, as cited in Baleros vs.
People
Indeterminate Offense –