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?
Suggested answer only. Not an official answer and not legal advice.
Puti committed the impossible crime of murder in (A), but is liable for Less Serious Physical Injuries in (B). Under Article 4(2) of the RPC, an impossible crime occurs when an act against persons or property fails due
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Quick check
What crime is committed when a person attempts to kill another using a non-toxic solution that produces no injury or illness?
Using a non-toxic solution to kill someone without causing harm constitutes an impossible crime due to ineffectual means.
What crime is committed if the non-toxic mixture causes the victim stomach illness requiring 10 days of medical attendance?
Causing an illness requiring medical attendance for ten days constitutes less serious physical injuries under Article 265 RPC.
Why does an actual injury requiring 10 days of medical care prevent charging the offender with an Impossible Crime?
An impossible crime cannot be prosecuted if the offender's act produced an actual felony under the Revised Penal Code.
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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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 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.