Criminal law notes

Complex crime – the penalty for the most serious crime will be imposed.

Praeter intentionem – the offender will be guilty of just one crime, not the intended crime but
the resulting crime. His criminal liability will be reduced because of a mitigating circumstance
not intending to commit so grave a wrong will be appreciated in his favor

Mistake in identity – offender plans to injure or kill A instead he mistook B as A, so he actually

committed just one crime and is guilty for the resulting crime.

What will be the effect of the criminal liability of the offender is the mistake in identity?
The impact of the mistake in identity in his penalty will be dependent on art. 49 of the Revised
Penal Code.

What would be the result if there is praeter intentionem?

The offender will be guilty of the resulting crime. It will mitigate the criminal liability.

3 rules in Art. 49, what penalty will be impose on the offender who committed mistake in
identity?
The crime committed is the resulting crime, and felony intended is the lower crime. The penalty
for the intended crime is imposed because it has a lower penalty.
The crime committed is the resulting crime, and the felony intended is the higher crime. The
penalty for the crime committed shall be imposed because it has a lower penalty.
(whichever has a lower penalty will be applied but imposed in its maximum period)

In art. 48 of complex crimes, the penalty for the graver crime will be imposed in its maximum
period. We consider this as special aggravating circumstance. Although ART. 48 and 49 is
favorable to the accused, their resulting penalty will be imposed in their maximum periods.

Mistake of the fact, it will negative criminal intent right? So a person will not be criminally
liable in mistake of fact?
NO. Because an intentional felony is the first requisite in mistake of identity but in mistake of
fact, the 1st requisite is that it must be a lawful act.

US v Valdez
In this case, Valdez did not actually cause injury?
YES.

What Valdez created was in the mind of the victim was a sense of danger. But Valdez was
still held criminally liable?
YES. Convicted for homicide. The victim jumped from the boat for self-preservation and forgot
that he didn’t know how to swim so he died. 1) The offender should create a sense of danger,
2) the victim performed an act to escape because the danger he thought was being brought
upon him by the offender.

People v Page

The 2 robbers did not kill the passenger, the passenger on her own volition jumped outside
the jeepney because of the robbery. Camposano and Page were armed. Were the robbers
also made criminally responsible for the death of the passenger?
YES. Because being in the state of immediate danger, any person who shall cause the state of
immediate danger of the offended party or victim shall be held liable.

Sorry Nawala ako dito nag space out ako ng konti.

Intod v People
It is factual impossibility. Why?
Because the circumstances here are beyond the control of the offender. There is a fact that
would prevent the commission of the crime. That factual ground would prevent Intod from
accomplishing the crime. All the requisites of an impossible crime are present.

Another example of factual impossibility?

A thief stealing from a pocket of a victim but the pocket didn’t have any money inside the
pocket.

In legal and factual impossibility the crime is not accomplished. The other ground for
impossibility of accomplishing a crime is due to the inadequate (kulang) or ineffectual means.
Example?
A wants to kill B by poisoning him, then A put a substance put in the food of B believing that the
substance is poisonous but it is mere salt. (ineffectual)

2 grounds of inherent impossibility

1) factual impossibility
2) inadequate or ineffectual means

Impossible crime – act performed would be an offense against persons or property (seen in
book two of the RPC, title eight and ten) 1st important phrase in the definition of an impossible
crime. Were it not for its inherent impossibility or employment of inadequate or ineffectual
means.

Because of the evil intent of the offender it will be punished.

Why are impossible crimes being punished?

It shows a social danger and exhibit a degree of criminality. Were it not for the inherent
impossibility, the crime would have been committed.
1st sentence in art. 6 – consummated, frustrate and attempted are punishable. Art. 6 defines
these three.

Consummated felonies is the easiest to determine wherein the offender performs all acts of
execution to accomplish the crime and produces the result of the crime. In frustrated
felonies, the offender also performs all acts of execution which in a sense is the same with
consummated but it is different because the felony is not produced or accomplished from a
factor independent from the will of the perpetrator. Attempted stage is different from both
because the offender has commenced the commission of a felony but he did not perform all
acts of execution.

1st question – were all the acts of execution performed? NO – attempted, YES – then it will not
be attempted.

2nd question – was the felony produced? NO – frustrated, YES – consummated.

Why is it important to know what stage? It will affect Art. 46, 50-57 in a sense that it will affect
the appropriate penalty imposed.

Preparatory acts are not part of the stages. If we base it on art. 6, preparatory acts are not
punished. Internal acts like thinking about committing a crime is also not punished. Only the
stages mentioned above.

Attempted felonies – overt acts (excludes preparatory acts)

Preparatory act- conspiracy and proposal in art. 8 of the RPC is generally not punished but may
be punished through a law punishing it (limited number which are punished). Conspiracy, 2 or
more persons coming into an agreement and decides to commit the crime.

Art. 7 of the RPC – grave, less grave and light felonies. Light felonies are not punishable if they
are in the attempted or frustrated stages with the exemption if the crime involved is against
persons or property.

If the offender has a change of heart after performing the crime, what will happen? This is to be
discussed next meeting.

Stages of execution cases will be discussed next week. Saturday, memorize articles 11-15. Try to
read in advance all the assigned laws and cases or at the very least, try to understand these 5
circumstances and we’ll discuss these in an integrated manner. In the course outline,
understand and remember the absolutory causes. THAT’S GOOD HA, thank you very much
class, enjoy your weekend