Practice question
A would-be thief reaches into an empty bag believing money is inside. In another case, money is present but the owner stops the actor before the taking is completed. Explain why the reasons for failure require separate analysis. Assume the empty-bag act constitutes no other offense.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles4(2),6 and59: impossible objective or means distinguished from stages of a possible felony.
- https://lawphil.net/judjuris/juri1992/oct1992/gr_103119_1992.html — Intod v. Court of Appeals, G.R. 103119, October 21, 1992, main decision: factual and legal impossibility, absent intended victim and empty-pocket example.
- https://lawphil.net/judjuris/juri2009/jul2009/gr_162540_2009.html — Jacinto v. People, G.R. 162540, July 13, 2009, main decision: evil intent, impossible taking of a worthless check and distinction from a separate criminal scheme.
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