DISTINCTION BETWEEN FRUSTRATED AND CONSUMMATED CRIMES
In contrast, the determination of whether a crime is frustrated or consummated necessitates an initial concession that all of the acts of execution have been performed by the offender. The critical distinction instead is whether the felony itself was actually produced by the acts of execution. The determination of whether the felony was “produced” after all the acts of execution had been performed hinges on the particular statutory definition of the felony. It is the statutory definition that generally furnishes the elements of each crime under the Revised Penal Code, while the elements in turn unravel the particular requisite acts of execution and accompanying criminal intent.
(People vs. Villanueva, G.R. No. 160188, June 21, 2007)
WHAT DETERMINES WHETHER A FELONY IS ATTEMPTED OR FRUSTRATED IS WHETHER THE ASSAILANT HAD PASSED THE SUBJECTIVE PHASE OF THE COMMISSION OF THE CRIME;
CONCEPT OF SUBJECTIVE PHASE
It must be stressed that it is not the gravity of the wounds alone which determines whether a felony is attempted or frustrated, but whether the assailant had passed the subjective phase in the commission of the offense.
The subjective phase in the commission of a crime is that portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with prior acts, should result in the consummated crime. Thereafter, the phase is objective.
(Epifanio vs. People, G.R. No. 157057, June 26, 2009)
