This document discusses criminal liability and different types of crimes under Philippine law. It defines the concepts of "error in personae", "aberratio ictus", and "praeter intentionem" as ways to incur criminal liability even if the actual result is different than what was intended. It also discusses impossible crimes, attempted felonies, and frustrated felonies. An impossible crime has elements that make accomplishing the act inherently impossible. An attempted felony involves overt acts toward commission that fail due to causes outside the offender's control, while a frustrated felony involves all execution acts failing to produce the intended result due to independent causes.
This document discusses criminal liability and different types of crimes under Philippine law. It defines the concepts of "error in personae", "aberratio ictus", and "praeter intentionem" as ways to incur criminal liability even if the actual result is different than what was intended. It also discusses impossible crimes, attempted felonies, and frustrated felonies. An impossible crime has elements that make accomplishing the act inherently impossible. An attempted felony involves overt acts toward commission that fail due to causes outside the offender's control, while a frustrated felony involves all execution acts failing to produce the intended result due to independent causes.
This document discusses criminal liability and different types of crimes under Philippine law. It defines the concepts of "error in personae", "aberratio ictus", and "praeter intentionem" as ways to incur criminal liability even if the actual result is different than what was intended. It also discusses impossible crimes, attempted felonies, and frustrated felonies. An impossible crime has elements that make accomplishing the act inherently impossible. An attempted felony involves overt acts toward commission that fail due to causes outside the offender's control, while a frustrated felony involves all execution acts failing to produce the intended result due to independent causes.
Criminal liability. - Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that 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 an account of the employment of inadequate or ineffectual means. 2. “Error in personae” or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended victim. Aberratio Ictus is mistake in the blow. It is a manner or incurring criminal liability according to Paragraph 1, Article 4, Revised Penal Code. “Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. Proximate cause rule - The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone’s actions are a remote cause of your injury, they are not a proximate cause. However, if your injury would not have occurred “but for” the actions of another, then usually you can conclude there was proximate causation. 3. An impossible crime is one where the acts performed would have been a crime against person or property but which is not accomplished because of its inherent impossibility or because of the employment of inadequate or ineffectual means. Requisites: (1) That the act performed would be an offense against persons or property; (2) That the act was done with evil intent; and (3) That its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual. (Gemma T. Jacinto vs. People of the Philippines, G.R. No. 162540, July 13, 2009) (4) That the act performed should not constitute a violation of another provision of the RPC. To be impossible under this clause, the act intended by the offender must be by its nature one impossible of accomplishment. There must be either (1) legal impossibility, or (2) physical impossibility of accomplishing the intended act in order to qualify the act as an impossible crime. 4. An attempted felony is defined thus: There is an attempt when the offender commences the commission of the felony directly by overt acts, and does not perform all the acts of execution which constitute the felony by reason of some cause or accident other than his own voluntarily desistance. Article 3 of the Penal Code defines a frustrated felony as follows: A felony is frustrated when the offender performs all the acts of execution which should produce the felony as a consequence, but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.