ART. 3 – INTENTIONAL FELONY 3.

The act was not accomplished because of its

inherent impossibility or the means
1. Criminal intent on the part of the offender
employed are ineffectual or inadequate; and
2. Freedom of action in doing the act
4. The act does not fall under any other
3. Intelligence of the offender
provision of the RPC.
ART. 3 – CULPABLE FELONIES
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1. Criminal negligence
ART. 6 – CONSUMMATED, FRUSTRATED, ATTEMPTED
2. Freedom of action
3. Intelligence of the offender ATTEMPTED STAGE

ART. 3 – MISTAKE OF FACT 1. The offender commences the commission of

a felony directly by overt acts;
1. That the act done would have been lawful
2. He was not able to perform all the acts of
and justifiable had the facts been as the
execution; and
accused believed them to be.
3. He was not able to perform all the acts of
2. That the intention of the offender in
execution by reason of some cause or
performing the act must be lawful.
accident other than his own spontaneous
3. That mistake must be without fault, mistake,
desistance.
carelessness, negligence on the part of the
offender.
- mistake of fact can only be a defense in
JUSTIFYING CIRCUMSTANCES
intentional felonies.
1. SELF DEFENSE
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a. Unlawful aggression
ART. 4 – PROXIMATE CAUSE i. Physical or material attack or
assault
1. That the intended act is a felonious act;
ii. Attack or assault must be
2. That the resulting act is a felony; and
actual or imminent
3. The resulting felony is the direct, natural and
iii. Attack or assault must be
logical consequence of the felonious act of
unlawful
the offender.
b. Reasonable necessity of the means
ART. 4 – ABBERATIO ICTUS (poor aim) employed to prevent or repel it
c. Lack of sufficient provocation on the
ART. 4 – ERROR IN PERSONAE (mistake in identity) part of the person defending himself
ART. 4(1) – PRAETER INTENTIONEM (lack of intent to i. Sufficient provocation - must
commit so grave a wrong) stir the person to commit a
wrongful act
1. That a felony has been committed; 2. DEFENSE OF RELATIVE
2. That there is a notable disparity between the - Spouse
means employed by the offender and the - Ascendants
resulting felony and out of the means - Descendants
employed, the resulting felony could not - Legitimate, natural, or adopted
have been foreseen. brothers or sisters
ART. 4(2) – IMPOSSIBLE CRIME - Relatives by affinity in the same
degrees
1. The act done would have amounted to a - Relatives by consanguinity within
crime against persons or property; the fourth civil degree
2. The act was done with evil intent; a. Unlawful aggression
 i. Physical or material attack or BATTERED WOMAN SYNDROME
assault
1. At least 2 battering episodes
ii. Attack or assault must be
a. Tension-building phase
actual or imminent
b. Acute battering incident
iii. Attack or assault must be
c. Tranquil, loving phase
unlawful
2. Acute battering episode preceding the killing
b. Reasonable necessity of the means
of the batterer must have produced in the
employed to prevent or repel it
mind of the battered person an actual fear of
c. In case the provocation was given by
an imminent harm from the batterer and an
the person attacked, the one making
honest belief that she needed to use force to
the defense must have no part
save her life
therein
3. Batterer must have posed probable (not
3. DEFENSE OF STRANGER
necessarily immediate and actual) grave
a. Unlawful aggression
harm to the accused at the time of the killing.
i. Physical or material attack or
assault
ii. Attack or assault must be
actual or imminent EXEMPTING CIRCUMSTANCES
iii. Attack or assault must be 1.
unlawful
b. Reasonable necessity of the means
employed to prevent or repel it
c. Person defending is not induced by
revenge, resentment or other evil
motive
4. STATE OF NECESSITY
a. Evil sought to be avoided actually
exists
b. Injury feared be greater than that
done to avoid it
c. No other practical and less harmful
means of preventing it
5. PERFORMANCE OF DUTY
a. Offender acted in the due
performance of a duty or in the
lawful exercise of a right or office
b. Resulting felony is an unavoidable
consequence of the due performance
of his duty or the lawful exercise of
such right or office
6. OBEDIENCE TO AN ORDER
a. Order has been issued by a superior
b. Order must be for some lawful
purpose
c. Means used by the subordinate to
carry out the order is lawful