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Art. 4. Criminal Liability. - Criminal Liability Shall Be Incurred

This document discusses criminal liability under Philippine law. It states that criminal liability is incurred: 1) By committing a felony even if the wrongful act differs from what was intended; and 2) By performing an act that would be an offense against persons or property if not impossible or inadequate means were used. It then provides further details on liability for wrongful acts differing from intent, discussing proximate cause, intervening causes, and impossibility crimes against persons or property.

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313 views

Art. 4. Criminal Liability. - Criminal Liability Shall Be Incurred

This document discusses criminal liability under Philippine law. It states that criminal liability is incurred: 1) By committing a felony even if the wrongful act differs from what was intended; and 2) By performing an act that would be an offense against persons or property if not impossible or inadequate means were used. It then provides further details on liability for wrongful acts differing from intent, discussing proximate cause, intervening causes, and impossibility crimes against persons or property.

Uploaded by

8LYN LAW
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Art. 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 an account of the
employment of inadequate or ineffectual means.
A. PUNISHABLE CONDUCT
1. WRONGFUL ACT DIFFERENT FROM THAT INTENDED
One who commits an intentional felony is responsible for all the
consequences which may naturally and logically result therefrom,
whether foreseen or intended or not.
Rationale: el que es causa de la causa es causa del mal
causado
He who is the cause of the cause is the cause of the evil caused

When a person has not committed a felony, he is not criminally


liable for the result which is not intended.
The causes which may produce a result different from that
which the offender intended are:
a. ERROR IN PERSONAE
mistake in the identity of the victim;
injuring one person mistaken for another (this
is a complex crime under Art. 49)
b. ABERRATIO ICTUS
mistake in the blow, that is,
when the offender intending to do an injury to
one person actually inflicts it on another; and
c. PRAETER INTENTIONEM
the act exceeds the intent, that is,
the injurious result is greater than that
intended.

The felony committed must be the proximate cause of the


resulting injury.
PROXIMATE CAUSE - CUW
the 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.
When death is presumed to be the natural consequence of
physical injuries inflicted:
1. That the victim at the time the physical injuries were
inflicted was in normal health.
2. That the death may be expected from the physical injuries
inflicted.
3. That death ensued within a reasonable time.
The felony committed is not the proximate cause of the
resulting injury when:
a. There is an active force that intervened between the felony
committed and the resulting injury, and the active force is a
distinct act or fact absolutely foreign from the felonious act of the
accused; or
b. The resulting injury is due to the intentional act of the victim.
2. an act which would be an offense against persons or
property,
IMPOSSIBLE CRIMES only applicable in cases of
crimes against:
1. persons
2. property

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