REVIEWER:  US vs Siy Cong Bieng - selling adulterated

coffee without guilty knowledge

Carmela V. Salazar
 Display of Flag etc used in the insurrection in
violation of Sec. 1 of Act 1969
ARTICLE 3 Public affected by the Public is affected by the Act Itself
intention of the actor
CLASSES OF CRIME
Valid Defenses: Absence Not Valid Defenses: Absence of Criminal Intent/
1. DOLO/Intentional Felonies
of Criminal Intent/ Good Good Faith
2. Culpable Felonies Faith

3. Crimes defined and specialized by special laws (p.53)

-intent to commit a crime is not necessary, the intent to perpetrate the act
prohibited by special law is sufficient

INTENT TO COMMIT THE INTENT TO PERPETRATE THE ACT

CRIME
Criminal intent is necessary
Necessary in acts Mala In Se
MALA IN SE MALA PROHIBITA
Wrongful in its nature Not Wrongful in its nature
No Criminal Intent/Prohibited Act is done freely
and consciously. Has a serious effect in the society Violation of mere rules of
which calls for a UNANIMOUS convenience to secure a more
Act itself constitutes the offense.
CONDEMNATION orderly society
Necessary in acts Mala Prohibita
 Felonies defined & penalized Acts made criminal by special laws
 Ex. People vs Bayona - carrying a revolver in the RPC.
inside the fence surrounding the polling
 If they are INHERENTLY
place(within 50 meters) in violation of election
immoral/ it violates the
law.
fundamental rightst even if
There is no intent: if a man in possession of fire punished under special laws
arms w/in 50 meters from PP: 1)merely passes
2)peace officer pursuing a criminal 3) merely cleans
them in their residence MOTIVE INTENT
Moving power which impels one Purpose to use a particular means  The one who commits INTENTIONAL FELONY is responsible for all
to action for a definite result to effect such a result the consequences which may NATURALLY or LOGICALLY result
therefrom.
Not an essential element/ need An essential element/ need to be
not be proved/ aid only in proved for conviction Ex. Death caused by struggling from rape, death who killed
completing the proof for another than his target, death from hitting a pavement after a
conviction or in showing the serious blow from the accused
innocence of the accused (by lack
of motive)
RATIONALE
MOTIVE IS RELEVANT IN THE FF INSTANCES
“EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO” - He
 Where the identity of a person accused of having committed a crime is in dispute
who is the cause of the cause is the cause of the evil caused.
 In ascertaining the truth bet. 2 versions of killing

 When the identification of the accused comes from an unreliable source and the
Paragraph 1 -”any person committing a felony” criminal liability by
testimony is inconclusive and not free from doubt
committing a felony by means of DOLO (with malice)
 No eyewitnesses and suspicion falls on a number of persons
 The acts/omission must NOT BE PENALIZED by special laws but
 Evidence is merely circumstantial by the RTC.

 “although the wrongful act done be different from that which he

intended”-there are other causes which may result from
HOW MOTIVE IS PROVED what the offended intended:
 By the testimonies of the witnesses on the acts/statements of the accused 1. Mistake in the identity of the victim “error in personae”
before and immediately after the commission of the offense
2. Mistake in the blow “ aberratio ictus” (People vs
 By evidence Mabugat-accused shot Perfecta Buralo instead of the
intented target)

3. Act exceeds the intent,injurious result is greater than

ARTICLE 4 what is intended

(People vs Cagoco- accused struck the victim in the head

 The manner of incurring Criminal Liability is under Art3 of the RPC. and the latter hit his head in the asphalt which caused his
death)
 malicious/careless acts of the injured person or a third
person, the accused is not liable for homicide.
REQUISITES OF ART 4 PAR.1
iv. The victim was suffering from internal malady and
a) That an intentional felony has been committed
 The blow was efficient cause of death
i. No felony is committed in the ff instances:
 Blow accelerated death
 Act/ omission is not punishable by law ex. Attemp to commit suicide as
per art. 253  Blow was the proximate cause of death

 When the act is covered by any of the justifying circumstances

Proximate Cause-cause, which,in natural and continuous
enumerated in Art.11 sequence,unbroken by any efficient intervening cause, produces the
injury, and w/o which the result would have not occurred
b) That the wrong done to the aggrieved party be the DIRECT, NATURAL and
LOGICAL CONSEQUENCE of the felony committed by the offender(p.71) . Listed
below are the examples:

NATURAL - occurrence in the ordinary cause of human life or events

The felony is NOT the Proximate Cause of the resulting
injury when:
i. any- there
LOGICAL person whoconnection
is a rational createsbetintheanother’s mind
act of the accused anresulting
and the immediate
damage sense of danger,
which causes the latter to do something resulting in the latter’s injuries,is 1. There is an active force that intervened bet the felony
There must be Cause ( felonious act of the offended) & Effect (resultant injuries and/or death of the victim) This C&A
liable
cannot for the
be changed becauseresulting injuries.
of preexisting ( a felony condition
conditions:1)pathological was committed at that stage
of the victim 2)predisposition of the of committed and the resulting injury , and the active
offended party 3)concurrent conditions such as fault of doctors 4)conditions supervening the felonious act such as
execution) - if the criminal
tetanus,pulmonary Infection or gangrene
assault induces the victim to escape for self force is a distinct act or fact absolutely foreign from the
-preservation, the assailant is responsible for any resulting injuries of the felonious act of the accused
victim

ii. The nervousness/ temperament of the victim - Victim out of pain, has done
some things that contributed to his death (his act is involuntary) (People vs
Quianzon)
THE FF. ARE NOT EFFICIENT NTERVENING
iii. Other causes cooperated in producing the fatal result, as long as the wound CLAUSES:
inflicted is dangerous, that is calculated ti destroy or endanger life (even
 Weak/diseased physical condition of the
though the immediate cause of death was erroneous/unskillful
victim
medical/surgical treatment). However, if the injury would not have caused
death, in the ordinary course of events, but would have healed in so many  The nervousness/ temperament of the victim
days and where is is shown BEYOND ALL DOUBT that death was due to
  Causes which are inherent to the victim such as not knowing - when a preliminary investigation revealed that the crime is more
how to swim or being addicted to tuba drinking serious than what is charged

 Neglect of the victim(refusal to undergo operation)or a third

person ( failure of doctor to give anti- tetanus)

 Erroneous/unskillful medical /surgical treatment, as when

the assualt tookmplace in an outlying barrio

2. The resulting injury is due to the intentional act of the victim

v. The offended party refused to submit to surgical operation (the offended

party is not obliged to undergo operation to relived the accused from the
natural/ordinary results of his crime.
vi. The resulting injury was aggravated by an infection ( the accused is
responsible for the duration of the treatment and disability prolonged by
infection as long the as the infection is NOT DUE to the MALICIOUS ACT
of the offended party)
WHEN DEATH IS PRESUMED TO BE THE NATURAL CONSEQUENCES OF THE
PHYSICAL INJURIES INFLICTED
1. That the victim at the time of the physical injuries were inflicted in
normal health
2. That death may be expected from the physical injuries inflicted
3. That death may ensued within a reasonbale time
Paragraph 2 - criminal liability results from imprudence, negligence,
lack of foresight or lack of skill it shall be punished by Art.365 about
criminal negligence
IMPOSSIBLE CRIMES ( penalty is in art. 59 of RPC) “arresto mayor or a
fine ranging from 200 to 500 pesos)
-The commission of impossbile crimes is indicative of criminal
propensity/tendency on the part of the actor
Positivist Theory -the community must be protected from anti-social
act. , whether actual or potential, of the type of morbid man called
“socially dangerous person”
EX. When one tries to poisoned womeone with common salt thinking
that its arsenic, murdering a corpse

REQUISITES OF IMPOSSIBLE CRIMES

Art 266 : Ill-treating another by deed without causing any injury,is a felony.
1. that the act performed would be an offence against persons or
property
A supervening event may be the subject of amendment of original information or
2. That the act was done with evil intent
of anew charge without double jeopardy
3. That its accomplishment is inherently impossible, or that the means employed Is
either inadequate or ineffectual
INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT
4. That the act performed should not constitute a violation of another provision of
 Legal impossibility
the RPC
 Physical impossibility

Note: No evil intent if you injured someone who’s already dead. There
that the act performed would be an offence against persons or property
is legal & physical impossibility in this case.
- there is intent to commit a felony and the act performed would have been an offense
against person or property. But it SHOULD NOT BE ACTUALLY COMMITTED , otherwise
he would be liable for felony . There would be NO IMPOSSIBLE CRIME. Where the means employed is adequate and the result expected is not
produced - it is now a FRUSTRATED FELONY
Felonies against persons Felonies against property

Parricide 246 Robbery 294,297-300,302-303

Purpose of the law in punishing the impossible crime
Murder 248 Brigandage 306-307
- to suppress criminal propensity/ tendencies
Homicide 249 Theft 308,301,311
Objectively: has not committed a felony
Infanticide 255 Usurpation 312-313
Subjectively: criminal
ABortion 256-259 Culpable Insolvency 314

Duel 260-261 Swindling & other deceits 315-318

Physical Injuries 262-266 Chattel Mortgage 319

ARTICLE 5
Rape 266-A Arson and other crimes involving
destruction (329-326) “NULLUM CRIMEN , NULLA POENA SINE LEGE” - There is no crime if
Malicious Mischief (327-331) there is no law that punishes the act. - provisions on ARt. 5 paragraph 1
is based on this maxim

A TRIAL OF A CRIMINAL CASE REQUIRES THE FF:

1. The act of the accused appears not [punishable in any law

That the act was done with evil intent
2. But the court deems it proper to repress such act
3. In that case, the court must render the proper decision by dismissing the case - he mas state his opinion but he may NOT DEVIATE from the principle
and acquitting the accused laid down by SC because it would cause unnecessary inconveniences,
delays and expenses to the litigants.
4. The judge must then report to the Chief Executive, through the Secretary OJ,
stating the reasons which induce him to believe that the said act should be a
subject of a penal legislation
Courts are not the FORUM TO PLEAD FOR SYMPATHY.Their duty is to
apply the law.DURA LEX SED LEX (the LAW IS HARSH BUT IT IS THE
LAW)

Remedies:
IN CASE OF EXCESSIVE PENALTIES THE COURT REQUIRES THAT
- clemency from the executive
1. the court after trial finds the accused guilty
- amendment of the law by the legislative
2. The penalty provided by law and which the court imposes for the crime
committed appears to be clearly excessive, because-

a) The accused acted with lesser degree of malice When the strict enforcement of the provisions of this code

b) There is no injury or the injury is of lesser gravity - does not apply to mala prohibita because said artocle are only for
mala in se
3. The court should not suspend the execution of the sentence

4. The judge should submit a statement to the Chief Executive, through the Sec of
Justice, recommending executive clemency

THE PENALTIES ARE NOT EXCESSIVE WHEN INTENDED TO ENFORCE A PUBLIC POLICY.
(P.92)

Courts have duty to apply the penalty provided by law regardless of their opinions

Judge has the duty to apply the law as interpreted in the SC