2014 Criminal Law, Q13

Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was intending to poison Pula.
The Vetinstantly gave Puti a non-toxic solution which, when mixed with Pula’s food, did not kill Pula. (4%)
(A) What crime, if any, did Puti commit?
(B) Would your answer be the same if, as a result of the mixture, Pula got an upset stomach and had to be hospitalized for 10 days?

Quick check

What crime is committed when a person attempts to kill another using a non-toxic solution that produces no injury or illness?

What crime is committed if the non-toxic mixture causes the victim stomach illness requiring 10 days of medical attendance?

Why does an actual injury requiring 10 days of medical care prevent charging the offender with an Impossible Crime?

Under Article 265 of the Revised Penal Code, what duration of medical attendance defines Less Serious Physical Injuries?

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Which element characterizes 'ineffectual means' under Article 4(2) of the Revised Penal Code?

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1. Impossible Crime
Under Article 4, paragraph 2 of the Revised Penal Code, an impossible crime is committed by any person who performs 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. When an offender intends to kill a person by administering a substance that turns out to be non-toxic, the crime of murder is legally and physically unaccomplished due to ineffectual means, giving rise to criminal liability for an impossible crime.

2. Physical Injuries Superseding
Under Philippine criminal jurisprudence, an impossible crime under Article 4(2) of the Revised Penal Code can only be charged if the act performed does not constitute another actual felony under the code. Where the administration of a substance does not produce death but causes physical illness or incapacity requiring medical attendance for ten to thirty days, the offender becomes criminally liable for less serious physical injuries under Article 265 of the Revised Penal Code, which supersedes the charge of impossible crime.

3. Ineffectual Means Rule
Under Article 4(2) of the Revised Penal Code, ineffectual means refer to substances, instruments, or methods employed by the offender that are incapable of producing the intended harm against persons or property. Administering a completely harmless or non-toxic liquid under the mistaken belief that it is lethal poison exemplifies the use of ineffectual means. If no actual injury or illness results from the act, the offender's criminal propensity is penalized under the rules governing impossible crimes.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026