Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

 

or misdemeanors are voluntary acts and ommissions punished by law.


o    A person voluntarily committing a crime or misdemeanor shall incur criminal liability, even though
the wrongful act committed be different from that which he had intended to commit.
o    voluntary act is a free, intelligent, and intentional act
o    "malice" signifying the intent
o    Actus non facit reum nisi mens sit rea - "the act itself does not make man guilty unless his
intention were so
o    “ Actus me incito factus non est meus actus” - an act done by me against my will is not my act
•    GR: courts have recognized the power of the legislature to forbid, in a limited class of cases, the
doing of certain acts, and to make their commission criminal WITHOUT regard to the intent of the
doer
•    EX: intention of the lawmaker to make the commission of certain acts criminal without regard to
the intent of the doer is clear and beyond question the statute will not be so construed
•    ignorantia facti excusat applies only when the mistake is committed without fault or carelessness
•    defendant at the time, he acted in good faith, without malice, or criminal intent, in the belief that
he was doing no more than exercising his legitimate right of self-defense; that had the facts been as
he believed them to be he would have been wholly exempt from criminal liability on account of his
act; and that he can not be said to have been guilty of negligence or recklessness or even
carelessness in falling into his mistake as to the facts, or in the means adopted by him to defend
himself from the imminent danger which he believe threatened his person and his property and the
property under his charge.

Labels: 1910, Art 3 RPC, Article 1 RPC, crim law 1, definition of felony, en banc, G.R. No. L-


5272, Juris Doctor, jurisprudence, March 19, mistake of fact
Newer Post Older Post Home

Search
 

Stacy's Books
Stacy's favorite books »

Follow On Instagram
       

Blog Archive
 ►  2020 (19)
 ►  2018 (1)
 ►  2017 (34)
 ►  2016 (13)
 ►  2015 (25)
 ►  2014 (15)
 ▼  2013 (226)
o ▼  November (62)
 Crim Law 1 Case Digest: People v. Ah Chong (1910)
 Jurisprudence: G.R. No. L-5272 March 19, 1910
 Crim Law 1 Case Digest: People v. Lol-lo & Saraw (...
 Jurisprudence: G.R. No. 17958 February 27, 1922
 Crim Law 1 Case Digest: People v. Wong Cheng (1922)

You might also like