Title One:

FELONIES AND
CIRCUMSTANCES
WHICH AFFECT
CRIMINAL LIABILITY
CHAPTER 1:FELONIES

Article 3. Definitions. - Acts and omissions punishable by law are

felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but

also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent

and there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
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Act –any bodily movement tending to produce some effect in the

external world (People vs. Gonzales, G.R. No. 80762, March 19, 1990)
The act must be external because internal acts are beyond the
sphere of penal law.

Example:

A lust for his neighbor. Whenever the neighbor would pass by going to work,
A would always look at the neighbor. And for the whole day, he would think
of the neighbor with nothing but lust. No matter how criminal his thoughts
are it will never give rise to a crime because it is merely an internal unless he
performs an external act or an overt act related to acts of lasciviousness or
attempted rape or rape. The law requires an act.
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Omission- inaction, the failure to 2. An officer entrusted with collection of

perform a positive duty which one is taxes who voluntarily fails to issue a
bound to do (Reyes, Book 1) receipt as provided by law, is guilty of
illegal exaction. (Article 213)
Examples:
1. Anyone who fails to render
assistance to any person whom he 3. If a person found, any personal property
finds in an uninhabited place on the street or on any place and he failed
wounded or in danger of dying, is to deliver the same to the owner or to the
liable for abandonment of person local authorities. Under Art.308 he
in danger. (Art. 275) becomes liable for theft.
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Elements of Felonies (General)

1. There must be an act or omission (external act);

2. The act or omission must be punishable by the Revised
Penal Code;
3. The acts performed or the omission is incurred by means of
dolo (malice) or culpa (fault).
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KINDS OF FELONIES
INTENTIONAL FELONIES CULPABLE FELONIES
• Committed by means of • Committed by means of fault
deceit (dolo) (culpa)
• The act or omission of the • The act or omission of the
offender is malicious. The offender is not malicious. The
offender has the intention to wrongful act results from
cause an injury to another. imprudence, negligence, and lack
• Examples: of foresight or lack of skill.
Murder, treason, robbery, Examples:
malicious mischief Malversation through
negligence, reckless
imprudence resulting in
homicide, evasion through
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DECEIT (DOLO)

Deceit (Dolo) or intentional felony exist when the act is done with
deliberate intent

Elements:
1. Freedom of action in doing the act on the part of the offender;
2. Intelligence of the offender;
3. Criminal intent on the part of the offender;

- An intentional felony is a voluntary act because it is committed by

means of deliberate intent.
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Voluntariness

Voluntariness is actually the concurrence of the 3 elements

of intentional felony and the concurrence of the 3 elements
of culpable felony.

Therefore, without voluntariness, there can neither be an

intentional felony nor a culpable felony;
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FREEDOM INTELLIGENCE INTENT

• There is freedom of • Intelligence is the • Intent is the use of a

action when the mental capacity of a particular means to
offender performs person to know achieve the desired
the act on his own wrong from right result;
free will, without and to appreciate
force, duress, the consequences
uncontrollable fear. of one’s act.
• You cannot see
intent. It is an
internal state of the
mind;
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Presumption of criminal intent

Criminal intent and the will to commit a crime are always

presumed to exist on the part of the person who executes
an act which the law punishes, unless the contrary shall
appear.
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Factors to Determine Intent

In the case of Rivera v. People (G.R. No. 166326, January 25, 2006),
Court declared that evidence to prove intent to kill in crimes against
persons may consist of the following;

1. The means used by the malefactors;

2. The nature, location, and number of wounds sustained by the
victim;
3. The conduct of the malefactors before, during, or immediately
after the killing of the victim; and
4. The circumstances under which the crime was committed and
the motives of the accused;
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A was walking. Then here comes B with a lead pipe and hit the head
of A with it. B hit it hard and thereafter ran away. A went to the
hospital, however, based on the medical certificate A did not sustain
any injury on head. Nevertheless, A filed a case for attempted
homicide against B. Therefore, intent to kill is incumbent to be
proven by the prosecution because the case filed is attempted
homicide.

Q: Will B be held liable for attempted homicide?

Q: Was there intent to kill?

A: There was no intent to kill. Let us apply in this case the factors to
determine whether intent is present;
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Q: Was there motive?

A: NO. In the problem, there was no motive.
Q: What was the nature and number of weapon used?
A: B used a lead pipe.
Q: What is the nature, number and location of wound inflicted
on victim?
A: The victim did not sustain any wound despite the fact that it
was hit with a lead pipe.
Q: What was the manner of committing the crime?
A: After hitting A once, B ran away. If he had intended to kill the
victim, he would have hit A several times.
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Q: What were the act, deeds and words made by the offender before,
during or after the commission of the crime?
A: He just saw the victim, hit the victim thereafter ran away. All of
these would show there was no intent to kill on the part of said
offender.

Therefore, B should not be convicted of attempted homicide

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Exemption of presumption of criminal intent

Mistake of fact is a misapprehension of fact on the part of the
person who caused injury to another.

An honest mistake of fact destroys the presumption of criminal

intent which arises upon the commission of a felonious act.
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REQUIREMENTS FOR MISTAKE OF FACT AS A DEFENSE

1. That the act done would have been lawful had the facts been
as the accused believed them to be.
2. That the intention of the accused in performing the act should
be lawful.
3. That the mistake must be without fault or carelessness on the
part of the accused.
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Example
United States v. Ah Chong
Ah Chong being afraid of bad elements, locked himself in his room
by placing a chair against the door. After having gone to bed, he
was awakened by somebody who was trying to open the door. He
asked the identity of the person, but he did not receive a response.
Fearing that this intruder was a robber, he leaped out of bed and
said that he will kill the intruder should he attempt to enter. At that
moment, the chair struck him. Believing that he was attacked, he
seized a knife and fatally wounded the intruder. Later he found out
it was his friend. He was acquitted.
CHAPTER 1:FELONIES
Example

The police officers A, B and C were dining in a restaurant when they

noticed a group of men who are so noisy. And so A looked at them and
noticed that one of them, X had a gun tucked on his waist. So A went
on the back of X and told him “I can see that you have a gun tucked on
your waist. Do you have a license? I’m a police officer.” X said “Yes sir, I
have a license.” And A said “Show me your license.” So X stood up and
he tried to get his wallet from his pocket in order to show his license as
requested by A. As he was picking his wallet, he was turning around to
look at A. The moment he faced A, A shot him. X died. Prosecuted for
homicide, A said he acted under mistake of facts. He thought, what X
was picking was his gun and that he would be shot by X. Therefore, in
self-defense he shot X first.
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Q: Will his defense of mistake of facts lie in his favor?

A: No. The first element is absent. Granting for argument that what X
was picking was the gun, it will not constitute unlawful aggression
because the gun was not yet pointed at A. it will not yet bring an
immediate danger on the life of A. Also, the 3rd element is wanting. A
was negligent, there was fault or carelessness on his part in
ascertaining the true facts of the case. He was asking for the license
and X said he has one. Definitely, what would be shown to him would
be the license not the gun.
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Q: Can a mistake of fact be used as a defense against

culpable felony?

A: NO. One of the elements of Mistake of Fact is that the

intent must be lawful. Since intent is not an element in
culpable felonies, then mistake of fact cannot be used as a
defense
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FAULT (CULPA)
Fault (culpa) or culpable felony exist when the wrongful act results
from imprudence, negligence, lack of foresight or lack of skill;
Elements
1. Criminal negligence
2. Freedom of action
3. Intelligence
Under Art. 365, a culpable felony is defined as one wherein the
offender, although without malice or deliberate intent caused an
injury to another by the means of negligence or imprudence.
Therefore, even a culpable felony is a voluntary act.
 CHAPTER 1:FELONIES

Imprudence indicates
(1) deficiency of action
(2) usually involves lack of skill

Negligence indicates
(1) deficiency of perception
(2) involves lack of foresight

The concept of criminal negligence is the inexcusable lack of precaution on

the part of the person performing or failing to perform an act. If the danger
reckless
impending from that situation is clearly manifest, you have a case of
imprudence . But if the danger that would result from such imprudence is not
clear, not manifest nor immediate you have only a case simple
of negligence.
CHAPTER 1:FELONIES

MOTIVE

Motive is the moving power which impels a person to do an act

to achieve the desired result

General Rule
Motive is not material in determining the criminal liability of the
offender if he is identified, or admits to the commission to the
crime, or if the prosecution has direct evidence or eyewitness to
the commission of the crime, or if crime committed is a
culpable felony, crime committed is not a special penal law.
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Exceptions
Motive becomes material in determining the criminal
liability of the offender;

1. When the act of the offender would result to variant

crimes (to know what crime should be charged);
2. When the identity of the offender is doubtful;
3. When the prosecution only has circumstantial evidence
to prove the commission of the crime
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Example:

Barangay Chairman of Brgy. 45 was jogging near the seashore. Here

comes A who went to see the Barangay Chairman, then shot him.
The Barangay Chairman was not in the performance of his official
duty when he was shot. Therefore, the act of A in killing and shooting
Barangay Chairman may result to variant crimes depending on the
motive, depending on the reason of X of killing. If the reason is a
personal grudge, murder is committed. But if the reason is the
Chairman’s past performance of his duty, then the crime committed
is direct assault with homicide.
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Example
There are so many suspects, A, B, C, D and E. There’s doubt as
to who among the committed the crime. Then motive will
become material in determining the criminal liability of the
offender.
Example
Who was the last person seen together with the victim before
he was killed? Why was he with the victim at that time? What
could be the motive behind the kill? All of these must be taken
into consideration because there was no eyewitness, no direct
evidence in the commission of the crime
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HOW MOTIVE IS PROVEN

Motive is proved by the testimony of the witnesses as to the

acts or statements made by the accused before or immediately
after the commission of the crime

However, motive alone, however strong, will never bring about

conviction. But motive and circumstantial evidence, or motive
and supporting evidence is necessary for conviction.
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Example
Before the killing of A, a witness saw B threatening to kill A.
Therefore, B would have the motive because of his acts prior to
the commission of the crime.
Or right after the killing of A, a witness saw B running away from
the scene of the crime laughing saying “finally, I have my
revenge” there is the motive.
So here motive is established by the acts or statements made
by the accused prior to or after the commission of the crime but
NOT DURING because in motive, there is no direct evidence.
The witness did not see how the crime was committed.
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INTENT MOTIVE
Use of a particular means to It is the moving power which
achieve a desired result; impels a person to do a specific
act to achieve the desired result,
therefore, it is the reason behind
intent;
A material element in determining Immaterial to determine the
the criminal liability of the criminal liability of the offender;
accused;
Established by the overt act of the Established by the acts or
offender or by the means statements made by the accused
employed; prior to or immediately after the
commission of the crime
CHAPTER 1:FELONIES

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 an account of the
employment of inadequate or ineffectual means.
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In the First Paragraph, 2 Elements Must be Present:

1. A felony committed; and

2. The felony committed resulted in the commission of another
felony.

The requirement, however, must be, that the resulting other felony
or felonies must be direct, material and logical consequence of
the felony committed even if the same is not intended or entirely
different from what was in the mind of the offender.
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Proximate cause defined

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.

Proximate Cause is negated by:

- Active force, distinct act, or fact absolutely foreign from the felonious
act of the accused, which serves as a sufficient intervening cause.

- Resulting injury or damage is due to the intentional act of the victim.

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Proximate cause defined

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.

Proximate Cause is negated by Efficient Intervening Cause:

- Active force, distinct act, or fact absolutely foreign from the felonious
act of the accused, which serves as a sufficient intervening cause.

- Resulting injury or damage is due to the intentional act of the victim.

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Examples:
a. Ando struck Biboy with his fist and knocked him down and a
horse near them jumped upon Biboy and killed him. Ando is not
responsible for the death of Biboy (People vs Rockwell, Mich
503)

b. Ignas inflicted slight physical injuries upon Boyax, and the

latter deliberately immerses his body in a contaminated
cesspool, thereby causing his injuries to become infected and
serious. Ignas cannot be held liable for serious physical injuries.
(US vs. De los Santos, GR No. 13309)
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Requisite for Presumption that the blow was cause of the death

Where there has been an injury inflicted sufficient to produce death

followed by the demise of the person, the presumption arises that the
Provided:
injury was the cause of the death.
a. victim was in normal health
b. death ensued within a reasonable time

-Even if other causes cooperated in producing the fatal result as long as the wound inflicted is
dangerous, that is, calculated to destroy or endanger life, the actor is liable. This is true even
though the immediate cause of death was erroneous or unskillful medical treatment, refusal of
the victim to submit to surgical operation, or that the deceased was suffering from tuberculosis,
heart disease or other internal malady or that the resulting injury was aggravated by infection
 CHAPTER 1:FELONIES

EFFECTS OF INTENTIONAL FELONY

Ordinarily, when a person commits a felony with malice, he intends the
consequences of his felonious act. But there are cases where the
not intended by
consequences of the felonious act of the offender are
wrongful act done is different from
him. In those cases, the that which
he 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: He who is the cause of the cause is the cause of the evil
caused(El que es causa de la causa es causa del mal causado).
CHAPTER 1:FELONIES

3 SITUATIONS WHEREIN A PERSON BECOMES CRIMINALLY LIABLE FOR THE

RESULTING FELONY ALTHOUGH DIFFERENT FROM THAT WHICH HE INTENDED:

ERROR IN PERSONAE ABERRATIO ICTUS PRAETER INTENTIONEM

There is mistake in There is mistake in the The injurious result is

the identity of the blow greater than that
victim intended
CHAPTER 1:FELONIES

MISTAKE IN IDENTITY OR ERROR IN PERSONAE

People vs. Gona
54 Phil. 605
In a case, defendant went out of the house with the intention of
assaulting Dunca, but in the darkness of the evening, defendant
mistook Mapudul for Dunca and inflicted upon him a mortal wound
with a bolo. In this case, the defendant is criminally liable for the death
of Mapudul.

-In ERROR IN PERSONAE, the intended victim was not at the scene of the crime. It was the
actual victim upon whom the blow was directed, but he was not really the intended victim
 CHAPTER 1:FELONIES

How does error in personae affect criminal liability of the offender?

Error in personae is mitigating if the crime committed is different from that which
was intended . If the crime committed is the same as that which was intended , error
in personae does not affect the criminal liability of the offender.

In mistake of identity, if the crime committed was the same as the crime intended,
but on a different victim, error in persona does not affect the criminal liability of the
. But if the crime committed was different from the crime intended , Article
offender
49 will apply and the penalty for the lesser crime will be applied. In a way, mistake in
Where the crime
identity is a mitigating circumstance where Article 49 applies.
intended is more serious than the crime committed, the error in persona is not a
mitigating circumstance

In any event, the offender is prosecuted for the crime committed not for the crime
intended.
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MISTAKE IN THE BLOW- ABBERATIO ICTUS

People vs. Mabugat
51 Phil. 967
Where the accused, having discharged his firearm at Juana Buralo but
because of lack of precision, hit and seriously wounded Perfecta
Buralo, it was held that the accused was liable for the injury caused to
the latter.

-InABERRATIO ICTUS, a person directed the blow at an intended victim, but because of poor
aim, that blow landed on somebody else.In aberratio ictus , the intended victim as well as the
actual victim are both at the scene of the crime.
 CHAPTER 1:FELONIES

HOW ABERRATIO ICTUS AFFECT CRIMINAL LIABILITY

In aberratio ictus, the offender delivers the blow upon the intended
victim, but because of poor aim the blow landed on somebody else.
You have a complex crime, unless the resulting consequence is not a
grave or less grave felony. You have a single act as against the
intended victim and also giving rise to another felony as against the
. If the resulting physical injuries were only slight, then you
actual victim
cannot complex. In other words, aberratio ictus, generally gives rise to
. This being so, the penalty for the more serious crime
a complex crime
is imposed in the maximum period.
•
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THE INJURIOUS RESULT IS GREATER THAN THAT INTENDED-

PRAETER INTENTIONEM
People vs. Cagoco
58 Phil. 524
Where the accused, without intent to kill, struck the victim with his fist
on the back part of the head from behind, causing the victim to fall
down with his head hitting the asphalt pavement and resulting in the
fracture of his head, it was held that the accused was liable for injury
caused to the latter.
 CHAPTER 1:FELONIES

HOW PRAETER INTENTIONEM AFFECT CRIMINAL LIABILITY

It is mitigating only if there is a notable or notorious disparity between the

means employed and the resulting felony. In criminal law, intent of the
offender is determined on the basis employed by him and the manner in which
he committed the crime. Intention of the offender is not what is in his mind; it
is disclosed in the manner in which he committed the crime.

It is essential that there is a notable disparity between the means employed or

the act of the offender and the felony which resulted. This means that the
resulting felony cannot be foreseen from the acts of the offender . If the
resulting felony can be foreseen or anticipated from the means employed, the
circumstance of praeter intentionem does not apply.
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Requisites of S econd Paragraph of Article 4

(Impossible Crimes)

a. Act would have been an offense against persons or property

b. Act is not an actual violation of another provision of the Code or of a
special penal law
c. There was criminal intent
d. Accomplishment was inherently impossible; or inadequate or
ineffectual means were employed.
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Felonies against persons Felonies against property

1. Parricide 1.Robbery
2. Murder 2. Brigandage
3. Homicide 3. Theft
4. Infanticide 4. Usurpation
5. Abortion 5. Culpable insolvency
6. Duel 6. Swindling and other deceits
7. Physical injuries 7. Chattel mortgage
8. Rape 8. Arson and other crimes involving
destruction
9. Malicious mischief
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Reasons why the act cannot produce an offense against persons or

property:

1. The commission of the offense is inherently impossible of

accomplishment; or

2. The means employed is either

(a) inadequate or
(b) ineffectual
 CHAPTER 1:FELONIES

INHERENT IMPOSSIBILITY

T his means that under any and all circumstances, the crime could not have
materialized.If the crime could have materialized under a different set of
facts, employing the same mean or the same act, it is not an impossible crime;
it would be an attempted felony.

Legal impossibility
It occurs where the intended act, even if completed, would not amount into a
crime.

Factual impossibility
It occurs when an extraneous circumstances is unknown to the actor or
beyond his control to prevent the consummation of the intended crime.
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Legal impossibility

X saw his enemy Y lying on a bench. He went to Y and stabbed Y 10

times not knowing that Y had already long been dead for 2 hours due
to a heart attack. Even if X performed all the acts amounting to murder,
still murder would not arise which is a crime against persons because
the victim is already deceased. He is no longer a person in the eyes of
criminal law. Therefore, there is Impossible Crime and what we have is
legal impossibility.
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Factual Impossibility

A person placed his hands inside the pocket of the polo of another, he
intended to get the wallet of the said person, but the pocket was empty.
It is an impossible crime. Extraneous circumstances unknown to the
offender prevented the consummation of the crime. Unknown to him
the wallet was not inside his pocket. It is an impossible crime because
it would have amounted to theft, a crime against property.
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Examples

- Mario, who wanted to kill Lyndon, looked for him. When Mario saw
Lyndon, he found out that Lyndon was already dead. To satisfy his
grudge, Mario stabbed Lyndon in his chest three times with a knife.
This is impossible crime because Mario knew that Lyndon was already
dead when he stabbed the lifeless body.
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- Steph, with intent to gain, took a watch from the pocket of Mimay.
When Steph had the watch in her possession, she found out that it was
the watch which she had lost a week before. In other words, the watch
belonged to Steph. There is impossible crime. The act performed
would have been theft had the watch been the property of Mimay. But
there is legal impossibility of accomplishing it, because in theft, the
personal property taken must belong to another.

- Gibo, with intent to kill Rene, aimed his revolver at the back of the
latter, Gibo not knowing that it was empty. When he pressed the trigger,
it did not fire. The means used by Gibo is ineffectual, hence, there is
impossible crime.
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REASON FOR PENALIZING IMPOSSIBLE CRIME

It is not really a crime in the legal sense of the word because a crime requires a
substantive change in the outside world. Here the act dis not ripen into a crime.
It was not accomplished into a crime because of its inherent impossibility.

The offender is being punished because of his propensity to commit a crime

He is a potential criminal. So, although objectively, no crime is committed, still
the offender shall be punished that is why he is convicted only of Impossible
Crime.

The penalty of IC is only arresto mayor or a fine of P200-P500 depending on

the criminality or dangerousness of the offender.
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Art. 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 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.