9.10.

22

When motive is a relevant material for felony?

 When there is doubt as to the identity of assailant:

 To know who committed the crime
 Ascertaining the truth between two antagonistic theories or versions of the killing.
 Who has the reason to commit the crime.
 Unreliable sources
 No eyewitnesses
 Circumstantial
 Outside the performance of duty. Direct assault is connected to the performance of duty.

Mala in Se

 Highly condemnable
 Criminal intent
 Good faith, exemptions, can be excused in liability.
 Revised Penal Code

Special Crime: Mala Prohibita

 Bad because there’s a law

 Convenience and safety of people
 Ignores the law, no criminal intent
 No good faith as a defense.
 Special Law

Paragraph Article 4, Criminal Liability

 Dolo/ Culpa
1. Freedom
2. Intelligence
3. Intent
4. Negligence

Crimes committed by Mistakes

Article 4. Criminal Liability shall be incurred by

1 by any person who commits a feloy although the wrongful act done be different from which he
intended

2. by any person performing an act which would be an offense against persons or property. Were it not
for the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means
Elements

 Intentionally done by the perpetuator

 Results be different
 Rationale
 No matter the result if the perpetrator starts the felony
Exceptions: No intentional felony
 Not punishable by RPC
 Art 11, good faith in execution of an act
Circumstances
1. Abberatio Ictus(Mistake in the Blow)
 Hitting another victim and/or another victim
 Attempted homicide, consummated homicide
 Single Act, will be penalized based on the most serious offense, and imposed in
the highest/maximum period.
2. Error in Personae(Mistake in the Identity)
 Criminally liable
 Intent to commit felony
 Article 49,
 Aggravating circumstances: Greater penalty
o People vs Oanis
o Circumstances
3. Praeter Intentionem(Injuries result is greater than that intended)
 Article 49
 The penal liabilities will be imposed on the grounds of the intent not the
result but makes it highest.

Paragraph 1

 Mens Rea( Evil Intent)

 Criminally Liable
 Proximate Cause
1. Proximity of the act
2. Natural, continuous sequence, your act is the reason of the result without any efficient
intervening cause. Natural and continuous reason.
 Normal Health
 Sufficient to inflict the death
 Death ensued within a reasonable time

Exceptions: Efficient Intervening Cause

1. Intervening force, active force, there must be something happens but very strong. Due to
negligence of the offended. Graven his condition.
 Cannot be held criminally liable, strong force
2. Intentional act of the victim.

Mistake of Fact/ Exception of Paragraph 1.

 1. Lawful/legal
2. No negligence or imprudence
 US VS AH CHONG

Impossible Crime

Elements

 Crimes against persons or property but can only be in charge and does not fall into attempted or
frustrated
 Penalty of Arresto Mayor
 Act was done with the evil intent
 Impossibility/ legal, inherent, inadequate, ineffectual
1. Legal impossibility
 Cannot be liable crime but impossible crime
2. Physical Impossibility
 No longer a dead man
 No Kill a corpse
 There’s a criminal liability
3. Inadequate Means
 Poison
 Impossible crime of murder
4. Inefficient means
 Empty cartridge

Attempted/frustrated homicide

 Jurisprudence

Stages of Crime Commission

Formal Crimes

Material Crimee