CRIMINAL LAW (2nd Week)
a. Memorize Article 4.
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
on account of the employment of
inadequate or ineffectual means.
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b. Discuss the 1 paragraph of Article 4.
The first clause refers to both dolo and culpa
since delitos are committed either by dolo or by
culpa, and even if the wrongful act done was
different from what should have been the result
of the culpable or negligent act, a felony is still
committed.
c. What is the purpose of the first paragraph of
Article 4?
The purpose of the first paragraph of Article 4 is
for a person to be made criminally liable even if
the wrongful act done was different from what
should have been the result, a felony is still
committed.
d. Discuss error in personae.
In error in personae or mistake in the identity,
the offender committed a mistake in
ascertaining the identity of the victim. It has
two subjects; the offender and the actual
victim.
e. Discuss mistake in the blow.
In aberration ictus or mistake in the blow, three
persons are involved, the offender, the actual
victim, and the intended victim. It intends to
injure one person (the intended victim) but
actually inflicts it to another (the actual victim)
due to mistake in the blow.
f. Discuss praeter intentionem.
In praeter intentionem, the injury is on the
intended victim but the resulting consequence
is so grave and wrong than what was intended.
It basically means that the injurious result or the
actual crime is greater than intended.
g. What are the requisites to make paragraph 1
of article 4 applicable?
1. INTENTIONAL FELONY
2. Wrong done must have DIRECT,
NATURAL, AND LOGICAL
CONSEQUENCE
h. Discuss the relationship of proximate cause
to criminal liability.
Proximate cause is that cause, which, in natural
and continuous sequence, unbroken by any
efficient intervening cause, produces the injury,
and without which the result would not have
occurred. Therefore, without the proximate
cause, there will be no criminal liability.
i. What is an efficient intervening cause?
An efficient intervening cause is the new and
independent act which itself is a proximate
cause of an injury and which breaks the causal
connection between the original wrong and the
injury.
This a case where the defendant has done no
wrong but injuries and damages have been the
result of an action.
j. What is supervening event?
A supervening event affects or changes the
substance of the judgment and renders the
execution thereof inequitable. Should such an
event occur after a judgment becomes final and
executory, which event may render the
execution of the judgment impossible or unjust.
k. What is an impossible crime?
An impossible crime is one where the acts
performed would have been a crime against
persons or property but which is not
accomplished because of its inherent
impossibility or because of the employment of
inadequate or ineffectual means.
There is intent to commit a crime but actually
no crime is committed.
Ex: A person who tries to murder a dead person
is also guilty of an impossible crime. A dead
person cannot be injured or killed again.
(People vs. Balmores, 85 Phil. 493 (1950))
l. What are the requisites of an impossible
crime?
(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.
m. What is the reason for punishing impossible
crime?
The purpose is to suppress lawlessness.
Subjectively, the offender is a criminal although
objectively no crime has been committed. The
rationale is to punish such criminal tendencies.
n. Discuss Article 5.
Duty of the court in connection with acts which
should be repressed but which are not covered
by the law, and in cases of excessive penalties. –
Whenever a court has knowledge of any act
which it may deem proper to repress and
which is not punishable by law, it shall render
the proper decision and shall report to the
Chief Executive, through the Department of
Justice, the reasons which induce the court to
believe that said act should be made the
subject of penal legislation.
In the same way, the court shall submit to the
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of
the sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty,
taking into consideration the degree of malice
and the injury caused by the offense.
o. Discuss Article 6.
Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as
those which are frustrated and attempted, are
punishable. 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. There is an attempt when the
offender commences the commission of a
felony directly or over acts, and does not
perform all the acts of execution which should
produce the felony by reason of some cause or
accident other than this own spontaneous
desistance.
p. What are the stages in the development of
crime?
I. Mental Stage
General Rule: Mental acts such as thoughts,
ideas, opinions and beliefs, are not subject of
penal legislations. One may express an idea
which is contrary to law, morals or is
unconventional, but as long as he does not act
on them or induce others to act on them, such
mental matters are outside the realm of penal
law and the person may not be subjected to
criminal prosecution.
III. The Attempted Stage:
The accused commences the commission of a
felonious act directly by overt acts but does not
perform all the acts of execution due to some
cause or accident other than his own
spontaneous desistance”
IV. The Frustrated Stage:
The accused has performed all the acts of
execution necessary to produce the felony but
the crime is not produced by reason of causes
independent of the will of the accused.
A. The accused has passed the subjective phase
and is now in the objective phase, or that
portion in the commission of the crime where
the accused has performed the last act
necessary to produce the intended crime and
where he has no more control over the results
of his acts.

II. The External Stage B. The non-production of the crime should not
be due to the acts of the accused himself, for if
which is where the accused performs acts which
it were he would be liable not for the frustrated
are observable.
stage of the intended crime, but possibly for
1). The Preparatory acts: Acts which may or may another offense.
not lead to the commission of a concrete crime.
Thus: where the accused shot the victim
Being equivocal they are not as rule punishable
mortally wounding him, but he himself saved
except when there is an express provision of
the life of his victim, his liability is that for
law punishing specific preparatory acts.
serious physical injuries as the intent to kill is
Example: (i) the general rule: buying of a gun, absent.
bolo or poison, even if the purpose is to use
C. Attempted vs. Frustrated Homicide/murder.
these to kill a person; so also with conspiracies
Where the accused, with intent to kill, injured
and proposals. (ii) the exception: possession of
the victim but the latter did not die, when is the
picklocks and false keys is punished; as with
crime attempted or frustrated?
conspiracies to commit treason, rebellion,
sedition and coup d’etat

2) The Acts of execution: the attempted,

frustrated and consumated stages.
V. Consummated. o Nothing more is to be done

When all the elements of the crime are present o Has performed last necessary act for
whether it be the intended crime or a different crime to be done
crime.
Ex: A shoots B with intent to kill.

•If wounded or miss, ATTEMPT.

q. What are the elements of an attempted
•If mortally wounded, but alive, FRUSTRATED
felony?
•If killed, CONSUMMATED.
 The offender commences the
commission of the felony directly by
overt acts;
2.Would produce felony as a consequence
 He does not perform all the acts of
execution which should produce the Usually if injury is not mortal/fatal then it is only
felony; attempted felony
 The offender's act be not stopped by his
3.Felony is not produced – if produced, then it
own spontaneous desistance;
would be consummated.
 The non-performance of all acts
ofexecution was due to cause or 4.Causes independent of will of perpetrator
accident other than his spontaneous
Even if all acts performed, certain causes may
desistance.
prevent its consummation
r. What is an overt act?
If stopped by own will, then intent to kill
Overt acts are external acts which if continued disappears and is not a felony.
will logically result in a felony. It is the start of
criminal liability because the offender has
commenced the commission of an offense with t. What are the elements of consummated
overt acts. felony?

It is an action which might be innocent itself but A felony is consummated when all the
if part of the preparation and active furtherance elements necessary for its execution and
of a crime, can be introduced as evidence of a accomplishment are present
defendant's participation in a crime.
Development of a crime
Ex: Rental of a van, purchase of explosives,
1. Internal acts – intent and plans; usually
obtaining a map of downtown New York City
not punishable
and going back and forth to the World Trade
Center, could each be considered overt acts as 2. External acts
part of the terrorist bombing of that building.
 Preparatory Acts – acts tending
s. What are the elements of frustrated felony? toward the crime

1. Performs all acts of execution

  Acts of Execution – acts directly
connected the crime

u. Discuss the manner of committing a crime.

intentional felonies or those committed with

deliberate intent; and culpable felonies or those
resulting from negligence, reckless imprudence,
lack of foresight or lack of skill.

v. Discuss Article 7.

When light felonies are punishable – Light

felonies are punishable only when they have
been consummated, with the exception of
those committed against persons or property.

Under Article 16, only the principals and

accomplices are liable. Accessories are not
punishable because light felony is penalized
with arresto menor (duration is from 1 to 30
days).

w. What is the reason for penalizing the

commission of a light felony?

Only consummated is punished since they

involve very light material moral/material
damage

Commission of felonies against

persons/property presupposes moral depravity
of the offender. Attempted or frustrated must
be punishable.

a. In general, light felonies are punishable

only when they are consummated
b. As an exception, in all stages when
committed against persons or against
property.