CRIM REV o Final Exam

August 23, 2020 o Mock Bar

 Weight of mockbar is
Classroom Policy: different from the Final
1. Attendance exam.
- Connection problems or brownout, may  Most important exam.
excuse. But inform reason for lost.  There will be a different
2. Joint classes professor who will create
3. Exams: the mock bar exam.
- Exams and quizzes 11. Syllabus: 2020 Bar exam coverage. Have a copy
- Every first meeting of the class, there is of the 2020 Bar exams.
quiz. But due to problems, there will be 100-
item quiz.
- There will be Pre-lims and other Major Your determination to become a lawyer is your source of
Exams strength.
- No special exams. But if there are reasons
If you keep on sleeping even while having class, your
beyond our control, there may be special
dream of becoming a lawyer will remain just a dream.
quiz.
- No cheating. Every time you cheat, you are
cheating yourself.
4. Classroom rule: blazer. Haircut for boys
5. Avoid disturbances.
6. No oral recitations.
7. Make notes. Notes now may be used as notes for
the bar.
8. Books, no need to worry. May use older books.
Suggest: buy latest edition of books. Don’t rely
only on the codal. It is grossly insufficient.
9. Discussions: Codal based, will incorporate
jurisprudence.
10. Grading: 3 exams
- Midterm Grade:
o Quizzes (there will be more than 1
quiz. Before major exams, there will
be a major quiz, at least 100 items)
 Passing:
 MCQ 70%
 Essay 60%
o Pre-lim exam
o Midterm exam
o All will have equal weight.
- Final Grade:
o Midterm Grade
o Quizzes (There will be a lot of
quizzes before end of subject
because of the mock bar. Before the
mock bar, there will be at least 2
major quizzes. Before final exam,
there will be another quiz.)
Discussion Proper: Are court decisions considered sources of criminal
law? (BarQ)
What do you mean by criminal law? - No. Court decisions merely apply the laws
- A branch of criminal law that defines crimes as enacted by the legislative branch of the
and provides for their nature. government.
- The power of the State to enact penal laws
What is a crime? have limitations.
- A crime is an act or omission that violates a
penal law. Limitations:
1. No ex-post facto law or bill of attainder shall be
How does a criminal law differ from criminal enacted.
procedure? 2. No person shall be held to answer for criminal
Crim Pro- provides for methods or procedure on how a offenses without due process of Law
person who has committed a crime shall be tried and
punshed. It tells us how a criminal case is filed, how an What is an ex-post facto law?
accused is being prosecuted, tried and punished in case It is a law which either:
of conviction. - Makes criminal an act done before the
passage of a criminal law.
Is there a common law crime in the Ph? - Example: a penal law given a retroactive
No. Unless there is a written provision of law that effect.
punishes an act or crime, there is no criminal liability of o The penal law may be declared
a person who has committed an act, no matter how unconstitutional
morally wrong that act is. If there is no law penalizing an o Example: There is a proposal that
act, there is no crime. (nollum crimen, nolla poena sine death-penalty will be imposed. Such
lege There is no crime if there is no law punishing such cannot be given a retroactive effect.
act) o Example: a penal law that increases
- Art202 of RPC before, vagrancy is the penalty
considered a crime. But RA 10158, o Example: changing the amount of
vagrancy is no longer a crime.’ evidence required for the case
(cannot change ) a penal law giving
Sources of PH Criminal Law: retroactive effect is a form of ex-
1. Revised Penal Code and its amendments (main post facto law.
source) o Read: Case of Lacson vs Exec
2. Special Penal Laws Secretary GR 128096
- Crimes not penalized under RPC
- Penal laws which were passed by Congress What is a bill of attainder?
or by the legislative branch It is a law which inflicts punishment without judicial
- Ex: RA 9165 trial.
3. Presidential Decrees - Under PH judicial system, you cannot be
- Penal laws enacted by the President. automatically convicted. You may be
- These were enacted by imprisoned, but you have to be given a day
- Eg: PD1866 in court.
- Eg: PD 1612 (Anti-Fencing Law) - If a law will be passed by congress that will
4. Local Ordinances automatically convict offenders without
- City government has passed an ordinance trial, it is a bill of attainder. It can be
penalizing non-wearing of masks and non- declared unconstitutional.
carrying of quarantine pass. In essence, it is a substitution of a legislative act for the
determination of guilt. It violates due process clause of
the Constitution.
  Argument not tenable. As
What are the rights of the accused? long as a person, citizen or
1. Constituational Rights: foreign national, if he is in
- Rights provided by the Constitution, our country, he is bound to
particularly in Article III Bill of Rights our penal laws.
o Judge reco: pagbawn ug at least 5 o Case: Del Socorro vs Van Hussen
rights. (pls check)
2. Statutory Rights: - Military Personnel? Do our courts have jd
- Rights granted by other laws other than the over them when they commit crimes?
Constitution o Civil courts have concurrent jd with
o Example: Right to cross-examine, military courts or general court
right to appeal martial. This holds true even in time
of war as long as civilian courts are
What are the rights of the accused that can be waived functioning. However, if before
and those that cannot be waived? arraignment of the accused who is a
Rights personal to the accused can be waived. Rights member of the military, it is
which involve public interest cannot be waived. determined that the crime
committed by him is service
Can: connected, the case may be
- Right to cross-examination transferred to the court martial (the
- Right to speedy disposition of cases military courts).
Can’t:  However, even if
- Right to be informed of the nature and cause considered service-
of the accusation against him connected, the President of
o Must be present during PH, in the interest of
arraignement. judgment, may direct before
arraignment that the crime
Characteristic of criminal law (bar fave) be tried before civilian
1. Generality courts. (RA 7055, and
- It means our criminal laws are binding on all pursuant to Navales vs
persons who live or sojourn in the Abaya GR162318
Philippines, citizens or foreigners. Citizens Oct25,2004)
or foreigners are obliged to obey our laws as o Military Courts are part of the
long as they are in our country. executive, not of the Judiciary.
o Example: Dutch national charged - Exemptions of Generality:
under RA9262. o By virtue of a treaty, exempting
 Dutch refused to give the citizens from execution before
support to his children. PH courts
 During trial, the Dutch  Example: (before) Military
reasoned that he can’t be bases agreement with US.
held liable under said law But this has been abrogated.
because in their country,  Example: (Now) Visiting
parents are not obliged to Forces Agreement
give support to their  US Military
children. As a Dutch authorities shall
national, he argued that he have primary rights
is governed by his national to try us military
law. He said that he is not personnel in
liable under VAWC. relation to offenses
 solely against the or arrest, unless there is a
property or person treaty with their country and
of US personnel, or Ph exempting them from
any acts or suit.
omission done in
pursuance of an 2. Territoriality
official duty. - Our Penal laws are effective only within our
o Laws of Preferential Application territory.
 Laws giving preference to o Remember Archipelago theory
certain persons. - If a crime is committed outside of our
 That our country, no jd
congressmen or - Case: A married Filipino went to Singapore.
senators, for a crime Met somebody (a married woman). While in
committed SG, contracted marriage with the woman.
punishable only by Accused returned to PH with 2nd wife. Wife
6yrs imprisonment charged bigamy.
or less, is immune o SC: No jd. Bigamy was committed
from arrest. outside our territory.
 De Lima is in jail. o Supposed if charged with
Why? Penalty concubinage, different. If committed
charged is carries in PH, then may now charge.
penalty of more - Case: Violation of VAWC. Accused went to
than Singapore. While in SG, met with
 Grant of immunity from suit somebody. He stopped supporting his family
from foreign domestic in Ph. The wife charged him with violation
(including domestic of VAWC on the ground of marital
servants) infidelity and psychological violence.
o Principles of Public International o Is defense of accused meritorious?
Law  No.
 Chiefs of State, Kings,  Case: AAA vs BBB
Prime Ministers, (January 11, 2018)
ambassadors, Charge de  SC: Ph courts have jd over a
affairs, diplomats, are case for violation of VAWC
immune from suit under based on psychological
PIL. violence, even if sexual
 If these persons commit infidelity was committed
crime, they can be declared abroad.
persona non grata  SC: While the cause of
(unwelcomed visitors) abuse was committed
 Shauff vs Ca 191 SCRA, PP abroad, the emotional and
vs Liam mental anguish felt by
 Doctrine Immunity victim is within PH. It is
of Suit can’t be however necessary for our
applicable if such courts to have jd that the
person is sued in victim be a resident of the
their individual place where the case is
capacity. filed.
 Consuls, vice-consuls, do - Exceptions to Territoriality Rule
not have immunity from suit
o Mentioned in Article 2 of RPC Warship is considered an
(memorize!!), providing for extra- extension of the country
territorial effect of the crime. where it belongs. If it is a
Article 2: foreign commercial ship, we
1. If a crime is committed on board Ph adopt the English rule (as
ship or airship. long as ship is within our
 For our courts to have jd, territorial waters, we have
the ship (or airship) must be jd of the crime committed
Ph registered. on board foreign ship,
 Not the ownership but the unless if the crime
registration which committed mainly affects
determines jd over the management of the ship)
crime.  If commercial ship is
 Suppose: Ph ship or airship merely in transit, the rule is
is within the territory of if the foreign commercial
other country. In a case of ship, offensive not
killing, for example. Ph may involving public order, Ph
still have jd. But has no jd.
considering the crime is  Carrying of drugs,
committed in another no jd.
country, if the court in such  Usage, triable.
country takes cognizance of (Case: Wong
the case, Ph will no longer Cheng)
take cognizance of the case.
If the foreign court will not 3. Prospectivity
take cognizance, Ph court - Our penal laws cannot be given retroactive
may then take the case. effect, especially if such law is not favorable
 This is because to the accused.
some countries - If it is given retroactive effect, it can be
adopt the French declared unconstitutional for being an ex-
rule (depends on the post facto law.
flag) - Exc:
 Case: If a Panamanian ship, o Favorable to the accused who is not
owned by Lucio Sy, a rich a repeat offender (Art22 RPC)
Ph businessman, Binoy - Case: Hernan vs SB
stabbed Siomai Binoy o In this case, the SC gave effect to
charged with homicide. two new laws (RA10951), the law
Binoy filed motion to which increases the amount or the
quash. Meritorious? value of the property subject to the
 TN of the offense.
registration of the  For example, for theft, if the
ship. In the case, it value of the property
is a Panamanian exceeds 1k, more than 6 yrs
registered ship. No imprisonment. Now, it was
jd, even if ship is increased to 1.2M to be
owned by a charged before RTC.
Filipino. o In the case, accused was charged
 Case: If a foreign ship, if a with malversation for misuse of
war ship, Ph has no jd.
 public funds worth 11,200.  SC: Although does
Sentenced to 7yrs min, 11yrs max. not define a certain
o Was not able to appeal, decision act as a crime, but
became final considering that it
o 3 yrs after, filed a motion to reopen has something to do
case before Sandiganbayan. Motion with the….
denied. Filed MR. Denied. Filed o Beneficial effect of a penal law
Motion for Certiorari before SC. cannot be given retroactive effect if
 SC sustained. Reopened the habitual offender, recidivist, or
case not to allow the quasi-recidivist.
accused to present evidence
but to modify the penalty ARTICLE 2
imposed by the court. It is
because of the passage of - Instances where our penal laws can be given
RA10951. Penalty was extra-territorial application
changed for an amount of Par. 1 (discussed above)
11,200, imprisonment will Par.2
only be months. - Even if crime of counterfeiting is committed
Downgraded to 6months- outside, still triable
3yrs.
 SC gave retroactive effect to Par. 4
the law. - If crimes committed by public officers in
- Another retroactive effect application: RA connection with their duties.
10707, changing probation law
o Prior the law, accu Par. 5
o Now, if accused has filed an appeal - Crimes committed against our national
and not probationable, but upon security and the law of nations
appeal was lowered, may now apply - Example: treason.
for probation. (will come out o Even if committed abroad, Ph may
2020/2021) have jd of crime
o Question:
 Are considered penal laws. Doctrine of Equipoise
Because although does not - “equi”, meaning equal
define crimes, these laws - Amount of evidence is proof beyond
can be considered penal reasonable doubt.
laws because they have - If the weight of evidence is equal, the
something to do with the accused shall be acquitted.
service or imposition of
penal laws. Doctrine of Pro Reo (check)
- Ra 10592, increasing period for good - Related to Doctrine of Equipoise
conduct. - When a circumstance is susceptible of 2 or
 Case: Inmates of New more interpretations, the interpretation
Bilibid Prison vs De Lima favorable to the accused shall be adopted.
June 25, 2019
 May be given School of Thoughts in Criminal Law
retroactive effect 1. Classical Theory
because favorable - The basis of criminal liability is human free
to the accused. will. The purpose of penalty is retribution.
 The criminal is given a penalty - Fault: nagdanghag. Act committed by
commensurate to the crime he committed. imprudence, lack of skill, or negligence,
o “An eye for an eye.” lack of foresight.
- Further, under this theory, man is essentially
a moral creature with absolute free will to A felony may be committed by an act or omission.
choose between evil and good. - Act – overt act
- If a person commits a crime, then he should o Example: homicide, parricide
suffer all the consequences. - Omission – failure to do an act required by
law to be done. Wa kay gibuhat.
2. Positivist Theory o Eg.: Art125, which provides that an
- The penalty is considered reformative, arresting officer shall charge a
preventive and individualized. person within the period of 12, 18 or
- A man is considered as a social being, and 36 hours, unless prevented by
his acts are attributable not just to his will insuperable cause. Otherwise, peace
but also by other circumstances which officer will be charged.
constrained him to do wrong against his o Eg.: Art 116, RPC. Misprision of
will. treason. A person has an
- Under this theory, a person may complain(?) information to a conspiracy
not because it is his intention to commit the involving treason.
same, but there are circumstances which o Eg.: Failure to issue an official
compelled him to commit the same. receipt. Art213 RPC
- Penalty is individualized, intended to reform - Failure to report a crime: not a crime. There
a person, to prevent him from committing a is no law compelling a person who has
crime again. witnessed a commission of the crime to
report to the police.
RPC is mainly based on this theory. o But, Art 275 provides that it is
o RPC originates from Europe, basing punishable for a person who fails to
classical theory. But there are render assistance of a person in an
provisions that are based on uninhabited place, when such is not
positivist theory. detrimental to his person.
 Example: Mitigating
circumstance. TN: Requisites of Dolo (The accused must have: )
 Example: Probation Law 1. Freedom
 Example: ISLAW - No irresistible force or uncontrollable fear
- Case: A drunk person in Mabolo. Forced
ARTICLE 3 driver to rape helper. Both were charged
with rape. Employer is liable. Is driver
What do you mean by felony? liable?
- It refers to an act or omission punishable by o Exempting circumstance. There was
the RPC. an irresistible force. No freedom.
- Crime is a generic term, which refers to an -
act or omission penalized by the RPC or the 2. Intelligence
SPL. - Not insane, imbecile
- Usage of the term felony means 3. Intent (General Criminal Intent)
- Criminal intent is presumed from the
Felonies are commited by deceit (dolo) or fault commission of a criminal act. But the
(culpa) presumption is rebuttable. It is not
- Deceit: when act is committed by deliberate conclusive.
intent, tinuyo, dolo.
 o Accused may present evidence that sleeping on a bamboo bench, with the back
he had no intent to kill the victim. of the person facing them which resemble to
- It is a matter of mental activity which cannot the back of the subject.
be discerned. - Believing that he was the person they were
- Case: There was a cook who was very looking for, the two immediately fired at
afraid. He had a roommate. Cook placed a him. Both were charged for murder.
chair by the door. He was awaken that - Argued mistake of fact. Liable? Yes.
somebody was trying to open the door. He o Basing on the 1st requisite, the act
asked “who are you” but there was no was not lawful.
answer. He said that if the person will not o Defense not meritorious.
identify himself, there may be o Case: People vs Oanis (74 PHIL
consequences. He stabbed the person whom 257)
he believed to be an intruder when he was
hit by the chair. However, it was his TN: Remember that criminal intent is not required in
roommate who was making fun of him. crimes classified as mala prohibita. The defense of lack
o Charged of homicide. Liable? of criminal intent is available in crimes considered as
o Cook argued that he had no intent to mala inse. The defense of good faith is not available in
kill. He said that what he did was mala prohibita.
lawful self-defense.
o SC: Acquitted the cook based on the
Doctrine of Mistake of Fact Mala in se
- Crimes wrongful by their nature.
Doctrine of Mistake of Fact - Good faith or lack of criminal intent is a
- When there are misapprehension of the facts valid defense. It can relieve accused of
of the person causing the injury. criminal offense.
- Requisites:
o The act is lawful had the facts been Mala prohibita
as the accused believed them to be. - Crimes because they are prohibited by law.
 In the case, if it were a real Mere fact that you committed the prohibited
intruder act constitutes a crime.
o That the intention of the accused is - Good faith is relevant.
lawful - Did the accused commit the act which is
 Intention of the cook was prohibited by law?
lawful. It is not a crime to - Eg.: Illegal Possession of Firearm.
defend oneself. o If you are carrying a firearm,
o There must be no fault or although without criminal intent,
carelessness on the part of the you are to be liable of carrying a
accused. firearm with you.
 No carelessness on the part
of the cook. He asked for TN: Most, but not all, crimes under RPC is mala in se.
the identity of the victim, Most, but not all, crimes penalized under SPL is mala
even warned him not to prohibita.
enter. - Case: (People vs Isidoro, Nov2012) The
(Case: US vs Ah Chong) Mayor of a town in Samar, the town hit by a
- Case: Involving a chief of police of a town. storm. To encourage the persons to self-help
The subordinate of the chief served a from the destruction in the storm, there is an
warrant of arrest of a notorious criminal. incentive of free-food for those who will
Both went to the house of the accused. help with the construction.
When they arrived, they saw a person
 o There was no more budget for the convicted only by physical injuries
free-food, so the budget for the food (which requires only general
for school children were used. But criminal intent)
there was no ordinance re-aligning - Eg: Crime of theft, must have intent to gain.
the funds. Abduction, there must be leud design.
o Mayor was charged with technical
malversation (for an amount of only Criminal Intent vs Motive
3k) Motive
o Defense of mayor: Good faith, that - refers to the moving power that impels a
he had no criminal intent. person to commit the crime.
o SC: The crime of technical - It is the reason why a person commits a
malversation, even if penalized crime.
under RPC is malum prohibitum. - Ex. X vs Y sumbagay. Y lose, Y comes back
Good faith is not a defense. and stabs X for “revenge”. Motive: Criminal
- Plunder: considered malum in se. Wrongful motive
per se. Good faith can be a defense. (Case: - Ex. A thinks of running against B. B is
People vs Sandiganbayan) threatened so iyang gihipos si A. Motive:
- Case: Involving dagdag-bawas, penalized political motive.
under Omnibus Election Code. According to - Ex. A vs B and C, selos si B. Motive: selos
SC, malum in se. (PP vs Garcia) - As a rule, proof of motive is not essential in
- PP v Dungo (2015) hazing the prosecution of the crime, therefore not
necessary for the conviction of the accused.
TN: Requisites of Culpa (Negligence) - But there are instances where motive is
1. Freedom important in determining guilt of the
2. Intelligence accused, especially if evidence of accused is
3. Imprudence or Negligence only circumstantial.
- Imp – lack of skill o “Kinsa may nagtinguha sa pagpatay
- Neg – lack of foresight ana niya?”
- Proof
- Example: Driving a car. Was texting. Ran o Doubt to the guilt of the accused
over a pedestrian. There is negligence or o Evidence of prosecution is merely
imprudence. But penalty is lower compared circumstantial.
to that which was intentional. Intent:
- There must be proof of criminal intent for an
accused to be convicted of the crime
Particular, Specific Criminal Intent charged.
- There are intentional crimes committed by - Intent is the purpose to use a particular
means of dolo which requires particular, means to effect a result ??
specific criminal intent.
- Eg: attempted or frustrated homicide or ARTICLE 4
murder.
o In these crimes, there must be a - Refers to a person’s criminal liability in
particular, specific intent to kill. court.
o If prosecution fails to prove a - Criminal liability is incurred by any person
specific criminal intent, accused committing a felony.
can’t be convicted of AFHM. But it - If a person commits a crime, he could be
does not mean accused will not be held criminally liable.
acquitted, IF there is proof that it is
really him who injured. May be
 - A person is criminally liable even if the Y persisted on sending messages. Because
crime committed is different from the crime of this, X waited for Y, punched Y. Y fell to
which he intends to commit the ground, skull cracked, hemorrhage,
- Example: If Mr. X intended to kill Y. But resulted to the death of X.
when he fired at Y, it was not Y who was hit o Liable for homicide?
but Mr. A. Mr. A is his close friend who o Mr X had no intent to kill Y. His
happens to be near Y. Liable? Yes. Criminal intention was to inflict physical
liability is committed by a person although injuries. But considering that the
the felony committed is different from victim died, although the intended
which the offender intended to commit. felony is a light offense, Mr X is
o For the intended crime, if the liable.
intended victim is present, he can
also be held liable. TN: (Case) Accused boarded a jeep, staged a robbery.
One of the passengers who happened to sit on the
TN: Possible instances/scenarios wherein the crime entrance of the jeep, jumped out of the jeepney and died.
committed is different from the crime intended to be Is the accused liable for robbery with homicide? Yes.
committed: (mugawas sa quiz!!!) The accused is liable for all direct, natural and logical
1. Aberatio ictus (mistake in the blow) consequences of his felonious act. He is liable even if
- There is another victim, other than the the crime committed is different from that he intended to
intended victim. commit.
- In the scenario, it may result to a complex - TN: The accused must have an intent to
crime under Art 48 (accused committed a commit the crime. The intended act must
single act, and his act produces two or more constitute a felony. Otherwise, he may not
crimes) be held liable for the resulting crime, unless
- Crime: as far as Mr. A is concerned, Mr X there is negligence or imprudence on his
may be liable for attempted murder. part.
- If: weapon was powerful, bullet penetrated - Eg: Suicide case from 2 yrs ago. Person
through the body, Mr X is liable for double wanted to end his life. Before he jumped off
murder. the bridge, he prayed for guidance and
2. Error in Personae (mistake in the identity) enlightenment whether or not his suicide is
- IF: Mr. X intended to kill Y. In order to kill right. He closed his eyes, and turned. When
Y, Mr X waited for Mr Y at a dark alley. he opened his eyes, he saw the Nike sign
When Mr X saw a person coming which and read “Just do it.” He jumped, but fell on
resembled Y, X fired at him. It turned out, it the boatman who was spear fishing.
was the father of X. o Is the person who wanted to commit
o Is X liable for parricide? Even if he suicide, but survived, and caused the
did not intend to kill his father? Yes. death of the fisherman under Art4?
Art4. Although criminal act is No. Art 4 applies only if a person
different from commits an unlawful act but the
- Accused shall be imposed of the lower actual crime committed is different
penalty. If actual crime is parricide, and from that was committed.
intended is homicide. Will be convicted for  Unless if there was
parricide, but liable for homicide (basis: negligence on his part.
Art49)
Article 4 is applicable only if accused intended to
3. Praeter Intentionem (Lack of intent to commit a felonious act but a different felonious act was
commit so grave a wrong) committed.
- IF: Mr. X is so angry with Mr. Y. Y keeps
sending messages to X’s girlfriend. But Mr
 - Example: If a person was punched, died - Accused may be held liable only if the
because of TB. If a person was punched, injury is due to the direct, natural, and
died because of heart attack. Are these logical consequence of the act.
persons liable? Y. Art 4 - Case: Accused was cleaning gun. After
- Example: A person punched a victim. cleaning, he tried to test the gun by shooting
Person died because of serious infection. a cat he saw. He hit is neighbor, not the cat.
Liable for serious physical injuries? Y. Is the accused liable? Shooting at an animal
is malicious mischief. Actual crime
To be liable under Art 4, there must be a relation to the committed is homicide. Liable for homicide
actual crime to be committed. It must be the proximate Yes. Art. 4
cause. It must be proven that the actual crime committed
was the direct, natural, and logical consequence of the - If: X attacked Y by pointing a gun at him.
act of the accused. (pls check) Robbery. “Ihatag nimog iPhone or mamatay
ka?” Y wrestled with X to disarm X. In the
- Case: Vda. De Bataclan process, Y intentionally placed his finger on
- Death was considered the proximate cause the trigger and the firearm fired and hit
of the negligence of the driver. Liable. bystander A. Liable? No. Under Art 4,
accused must have the intention to commit a
Is there a possibility that accused cannot be held liable felony to be liable. Defending oneself does
for the injury of the victim? Yes, if the injury cannot be not constitute commission of a crime.
considered is not the proximate cause, or has no logical
connection or relation to the felonious act of the victim.
- Such as: if there is efficient intervening IMPOSSIBLE CRIME
cause, or when there is an active force which What is an impossible crime? Bar fave
intervenes between the felony and the - Art4P2 It refers to an act which would be an
resulting injury. offense against persons or properties, were it
- Case: (foreign) Accused punched the victim. not for the inherent impossibility of its
Victim fell, horse nearby startled an jumped accomplishment or on account of
on the victim. Victim died. Accused not employment of inadequate or infectual
liable for the intervening cause. means?
- Case: (People vs Villacorta Sept 2011) - Only crime penalized under book 1
Accused stabbed victim using bbq stick. - Penalty: Art59, arresto mayor or fine
Victim died 22 days later due to tetanus
infection. IC, Requisites:
o SC: No sufficient proof that death 1. There is an act performed which is against
was due to the felonious act of the persons or properties
accused. - Applicable only against persons or property
o Death occurred 22 days after 2. There must be an evil intent on the part of the
accused
commission. Acquitted based on
3. That its accomplishment is inherently
reasonable doubt.
impossible or that the means employed is either
- Case: If the victim sustained injuries due to
inadequate or ineffectual.
his intentional act.
4. The act performed should not constitute another
o Accused boxed the victim. Despite
violation under RPC
the victim knowing very well that he
had injury, submerged himself in a
dirt-pool. SC: Accused can’t be held
liable for crime charged.. Injury was
due to the intentional act of the
victim. (US vs De los Santos)