A felony can be committed in three stages, and the stage affects the penalty. A crime is consummated when all the elements necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the acts of execution that would produce the felony, but it is not produced for reasons independent of the offender's will (for example, a fatal wound is inflicted but the victim survives because of timely medical treatment). It is attempted when the offender begins the commission of the felony directly by overt acts but does not perform all the acts of execution because of some cause or accident other than their own spontaneous desistance. A frustrated felony is generally penalized one degree lower than the consummated crime, and an attempted felony two degrees lower.
Whether a crime is attempted, frustrated, or consummated can dramatically change the penalty — and sometimes decide whether there is a crime at all.
Consummated
A felony is consummated when all the elements necessary for its execution and accomplishment are present. The crime is complete — for example, in homicide, the victim dies.
Frustrated
A felony is frustrated when the offender performs all the acts of execution that would produce the felony, but the felony is not produced for reasons independent of the offender's will. Classic example: the offender inflicts a mortal wound intending to kill, but the victim survives because of timely medical intervention. The offender did everything needed; an outside cause prevented the result.
Attempted
A felony is attempted when the offender commences the commission of the felony directly by overt acts, but does not perform all the acts of execution that should produce it, by reason of some cause or accident other than their own spontaneous desistance. Here, the offender started but was stopped or interrupted before completing the acts.
The Test: Did the Offender Complete All the Acts?
The line between frustrated and attempted is whether the offender performed all the acts of execution:
- All acts done, result not produced (outside cause) → frustrated;
- Not all acts done, stopped by a cause other than the offender's own change of heart → attempted.
Spontaneous Desistance
An important escape hatch: if the offender voluntarily desists (changes their mind and stops) before performing all the acts, there is no attempted felony for that crime — the law rewards a genuine change of heart, though the offender may still be liable for any other crime already committed by the acts done.
Effect on Penalty
- Consummated — the full penalty;
- Frustrated — generally one degree lower; and
- Attempted — generally two degrees lower.
Note that some crimes (by their nature or by law) do not admit of a frustrated or attempted stage.
Practical Takeaways
- The three stages are consummated, frustrated, attempted, and each carries a different penalty;
- The key question is whether the offender completed all the acts of execution;
- Spontaneous desistance before completing the acts can erase liability for the attempt.
Frequently Asked Questions
What are the stages of a crime? Consummated (all elements present and the crime complete), frustrated (all acts of execution done but the result prevented by a cause independent of the offender's will), and attempted (execution begun but not all acts done, stopped by a cause other than the offender's own desistance).
What is the difference between frustrated and attempted? Whether the offender performed all the acts of execution. If all acts were done but the result was prevented by an outside cause, it is frustrated. If not all acts were done because of an interruption, it is attempted.
What happens if the offender changes their mind? If the offender voluntarily and spontaneously desists before performing all the acts, there is no attempted felony for that crime, though they may be liable for any other crime already committed.
How do penalties change with the stage? A frustrated felony is generally penalized one degree lower than the consummated crime, and an attempted felony two degrees lower.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.