Professional Documents
Culture Documents
Criminal Liability
Criminal Liability
In the part of Carlos, it happened to be an honest mistake of act. His act of firing the rear
gear of his car is voluntary but not intentional. He happened to save his car from being carnapped
by Paolo (a thief). In this sense, Carlos acted in good faith where it applies to the maxim “actus non
facit reum, nisi mens sit rea”. Thus, the act is voluntarily free and intelligent as it implies non-
criminal intent.
3. What are instances where proof of motive is not essential or required to justify conviction of the
accused?
For instances, if the evidence indicates that the defendant has a motive to commit the crime
alleged, that is a situation you may want to view as likely to support a guilty verdict. In the other
hand, if the evidence shows that the defendant acted without malice in committing the crime
charged, you might want to take that as evidence that the defendant is not guilty of the crime
charged.
Malum in se ("That which is wrong in itself”) is an act that is objectively unethical, regardless of
whether it is prohibited by statute. Adultery, robbery, and murder are only a few examples. On the
other hand, Malum prohibitum ("That which is wrong because it is prohibited") is an act that is
unethical because it is unlawful, rather than being immoral because it is illegal.
5. Is CD criminally liable?
Yes. As long as the effects of his felonious act are direct, inevitable, and reasonable, he is
criminally liable for all of them, whether foreseen or unforeseen, intended or unintended. While CD
is the stepfather of FEL, whose property he burned, he is criminally liable because such a
relationship does not exclude a person from criminal liability in the crime of arson, but only in the
crimes of robbery, swindling, or estafa, and malicious mischief (Article 332, Revised Penal Code).
CD committed arson, as described by Pres. Decree No. 1613 (the new Arson Law), which punishes
anybody who burns or sets fire to another's property (Section 1 of Pres. Decree No. 1613).