Art. 6. Consummated, frustrated, and attempted felonies.

Consummated felonies as well as those which are frustrated and

attempted, are punishable. ch anrobles virtual law library

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. chanrobles

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There is an attempt when the offender commences the commission of

a felony directly or over acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause
or accident other than this own spontaneous desistance. chanrobles virtu al law library

Art. 50. Penalty to be imposed upon principals of a frustrated crime. chanrobles

The penalty next lower in degree than that prescribed by law for
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the consummated felony shall be imposed upon the principal in a

frustrated felony. chanrob les virtual law libra

ry

Art. 51. Penalty to be imposed upon principals of attempted crimes.

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. chanrobles virtu al law librar y

Art. 249. Homicide. Any person who, not falling within the provisions of
Article 246, shall kill another without the attendance of any of the
circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.
Art. 250. Penalty for frustrated parricide, murder or homicide. The
courts, in view of the facts of the case, may impose upon the person
guilty of the frustrated crime of parricide, murder or homicide, defined
and penalized in the preceding articles, a penalty lower by one degree
than that which should be imposed under the provision of Article 50. ch anrobles

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The courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under Article 51 should be imposed for
an attempt to commit any of such crimes. chanrobles virtual law library
Art. 248. Murder. Any person who, not falling within the provisions
of Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity. chanrobles virtual l aw library

2. In consideration of a price, reward, or promise. chanrobles virtual law librar y

3. By means of inundation, fire, poison, explosion, shipwreck,

stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin. chanrobles virtual l aw library

4. On occasion of any of the calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity. chanrobles virtual law librar y

5. With evident premeditation. chanrobles virtual law librar y

6. With cruelty, by deliberately and inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse.chanrobles virtual law librar y

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Penalty to be Penalty to be Penalty to Penalty to

Prescribe imposed uponimposed upon be imposed be
for the the principal the principal upon the imposed
crime in a in an accessory in upon the
frustrated attempted a frustrated accessory
crime, and crime, the crime, and in an
accomplice in accessory in the attempted
a the accomplices crime
consummatedconsummated in an
crime crime and the attempted
accomplices crime
in a
frustrated
crime.
First Death Reclusion Reclusion Prision Mayor Prision
Case Perpetua Temporal Correccional
SecondReclusion Reclusion Prision Mayor Prision Arresto
Case Perpetua to Temporal Correccional Mayor
Death
Third Reclusion Prision Prision Arresto Fine
Case Temporal inMayor in its correccional in
Mayor in it s and Arresto
its maximum its maximum maximum Mayor in its
maximum period period period minimum
period to to reclusion to prision to prision and
death temporal in its mayor in its correccional inmedium
medium period medium periodits medium periods
period
Fourth Prision Prision Arresto Fine Fine.
Case Mayor in its correccional in mayor in its and Arresto
maximum its maximum maximum Mayor in its
period period period minimum and
to reclusion to prision to prision medium
temporal in mayor in its correccional in periods
its medium medium its medium
period. period. period.