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RPC Articles 1 To 20
RPC Articles 1 To 20
Article 3 – Definition
Felonies – delitos
Deceit – dolo (with F.I.I – Freedom, intelligence and intent)
Fault – culpa (with F.I.L – Freedom, intelligence and lack of foresight)
1. Any person committing a felony, although the act may be different from which he intended
He who is the cause of the cause, is the cause of the evil caused
Still Criminally Liable if
Error in Personae – Mistake in the identity of the victim (people v. Oanis)
Aberratio Ictus – Mistake in the blow (people v. Umawid) *wrong taget
Praeter intentionem – greater than intended (People v. Cagoco) *proximate cause
Proximate cause – without which the result would have not accured
Requisites of proximate cause
- in natural and continuous sequence, unbroken by any efficient intervening cause, produces
injury, and without which the result would not have occurred.
2. Performing an offense against the person or property
Inherent impossibility – impossible crime
1. Nullum crimen, nulla poena sine lege – no crime if there is no law punishes the act
2. Clemency or mercy
Article 7 – Light Felonies punishable only when they have been consummated
Article 8 – Conspiracy is a proposal to commit a felony (acted in common even without plan)
- Conspiracy and proposal to commit a felony are not punishable unless the law specially provides a penalty
therefore.
- requisites of felony
1. Treason
2. Coup d’ etat
3. Commit to rebellion
4. Commit sedition
Act of one is act of all
1. Acts in Defense
Unlawful aggression
Necessity to prevent or repel it
Lack of sufficient provocation
2. Acts in defense of the person or rights (relatives)
3. Acts in defense of the person or rights (strangers)
4. Avoid evil or injury
Avoiding evil exists
Injury greater than to avoid it
No practical means to prevent it
5. Person who acts in fulfillment of a duty
6. Who acts in obedience to an order issued by a superior
2
5. The act was committed in the immediate vindication of a grave offense to the one committing the felony
(relatives)
6. Passion or obfuscation
7. Voluntarily surrendered
8. Offender is deaf and dumb, blind or suffering physical defect
9. Illness of offender diminishes the will power of the offender
10. Other circumstances of a similar nature to those above-mentioned.
1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender
1. Principals
2. Accomplices
3. Accessories
Liable for light felony
1. Principals
2. Accomplices
Article 17 – principals
REMEMBER JEMAA!!!