3.
Accused did not kill the 3rd person
ENUMERATION
(Judge Campanilla Reviewer)
Motive
 When proof of motive is required:
1. There is doubt as to the identity of the
culprit;
2. Evidence is circumstantial or inconclusive
- And there is some doubt on WON the
crime has been committed or WON the
accused has committed it;
3. Act committed gives rise to variant crimes
(e.g. Robbery vs Theft)
- There is need to determine the proper
crime to be imputed to the offender
4. Where it forms an essential element of the
offense (e.g. libel or slander, or malicious
mishcief)
 Proof of motive is not required:
1. Accused has been positively identified
as the assailant, or where his
participation is shown;
2. Where the criminal act did not give rise
to variant crimes;
3. Where the crime involved is culpable
felony or offense or malum prohibitum
INTENT
 Circumstances that negate intent to kill (3
person):
1. Accused is not aware of the presence of
the 3rd person or no showing of
awareness;
2. The victim was hiding; or
despite opportunity to do so
PROXIMATE CAUSE
 Even if the victim is suffering from an
internal ailment, accused is still criminally
liable, if the blow delivered:
1. Is the efficient cause of death;
2. Has accelerated his death; or
3. Is the proximate cause of death
IMPOSSIBLE CRIME
Requisites:
1. Offender performed an act w/c would have
been an offense against person or property;
2. Offender performed an act w/ evil intent;
3. Offender did not commit the offense
because of the impossibility of its
accomplishment or employment of
inadequate or ineffectual means; and
4. Offender in performing an act is not
violating another provision of the law
CONSPIRACY as a crime (Art. 8)
Requisites:
1. There must be an agreement to commit a
crime;
2. Conspirators must be decided to commit
such; and
3. There must be law prescribing a penalty for
rd conspiring to commit such crime
PROPOSAL OR CONSPIRACY is punishable:
1. Conspiracy or proposal to commit Treason
2. “ “ “ Coup d’etat
3. Conspiracy to commit Sedition
4. Conspiracy to commit arson
 5. Conspiracy to commit crime involving 3. Unity of penal provision infringed upon or
trafficking dangerous drugs violated
6. Conspiracy to commit terrorism Elements of UNLAWFUL AGGRESSION:
7. Conspiracy to commit child pornography 1. There must be a physical or material attack
or assault;
8. Cons to commit money laundering
2. The attack or assault must be actual or at
least imminent; and
PROPOSAL OR CONSPIRACY not punishable:
3. The attack or assault must be unlawful
1. Proposal to commit sedition;
2. Proposal to commit espionage;
3. Proposal to commit highway robbery;
4. Conspiracy to commit direct or indirect
assault;
5. Conspiracy to commit trafficking in person;
and
6. Conspiracy to assassinate the President –
repealed by PD 1110-A

CONSPIRACY AS A MODE OF INCURRING

CRIMINAL LIABILITY
Requisites: (for purpose of applying the the
collective responsibility rule)
1. There must be conspiracy to commit a
crime;
2. The crime agreed upon has been
committed; and
3. The conspirators must preform an act in
furtherance of conspiracy
XPN: in case of the mastermind of the crime

DELITO CONTINUADO (Continued Crime)

Requisites:
1. Plurality of acts performed separately
during a period of time
2. Unity of criminal intent and purpose; and