Jenny obtained a fire insurance from YG Insurance Co. (YG). In payment of the policy, she issued a postdated check payable to cash in the amount of Php 15,000.00 which was handed to Lisa, YG’s sales agent. Lisa did not remit the check to YG. Instead, Lisa deposited it in her husband’s bank account, but the check was dishonored for having been drawn from a closed account. What crime, if any, was committed by Lisa and, if there was any, what is its prescribed penalty? Explain briefly. (5 points)
Suggested answer only. Not an official answer and not legal advice.
Lisa committed an Impossible Crime under Article 4(2) of the Revised Penal Code. Under Article 4(2) in relation to Article 59 of the Revised Penal Code and Jacinto v. People, an impossible crime is committed when an act done with evil
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Quick check
What crime is committed by an agent who deposits an unfunded, postdated check payable to cash into her personal account with intent to gain?
Misappropriating a worthless check drawn against a closed account constitutes an impossible crime due to factual impossibility.
What key element distinguishes an impossible crime from an attempted or frustrated felony?
An impossible crime is characterized by inherent impossibility of accomplishment or ineffectual means.
According to the landmark doctrine in Jacinto v. People, why cannot estafa be consummated when a check is drawn against a closed account?
Estafa requires pecuniary damage, which is factually impossible when converting an unfunded check.
What is the prescribed penalty for an impossible crime under Article 59 of the Revised Penal Code?
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Under Article 4, paragraph 2 of the Revised Penal Code, what categories of intended crimes can qualify as impossible crimes?
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Learn more about these topics
1. Impossible Crime
Under Article 4, paragraph 2 of the Revised Penal Code, an impossible crime is committed by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The law punishes the criminal propensity or dangerous disposition of the offender even though the intended crime could not be consummated in reality. An impossible crime requires evil intent, an act against persons or property, inherent impossibility or inadequate means, and no other violation of the Revised Penal Code.
2. Factual Impossibility
Factual impossibility occurs when extraneous circumstances unknown to the actor prevent the consummation of the intended crime. Under the doctrine established in Jacinto v. People, misappropriating or converting a check drawn against a closed or unfunded bank account constitutes factual impossibility. Because the check has no monetary value and cannot be honored or cashed by the drawee bank, no actual financial gain or pecuniary damage to property can possibly occur. The offender's attempt to steal or misappropriate a worthless instrument is thus an impossible crime.
3. Penalty Impossible Crime
Under Article 59 of the Revised Penal Code, the penalty for an impossible crime is arresto mayor or a fine ranging from 200 to 500 pesos. The court imposes this penalty taking into account the degree of malice and the inherent dangerousness of the offender. Because no actual physical damage or loss of property occurs due to the inherent impossibility of the crime's accomplishment, the law prescribes a lighter penalty aimed at correcting the offender's criminal inclination rather than punishing a consummated injury.