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Immediate Cause; Felonious Act; Criminal Liability

Immediate Cause

The conduct of wife A aroused the ire of her husband B. Incensed with anger almost beyond his control, B could not help but inflict physical injuries on A. Moments after B started hitting A with his fists, A suddenly complained of severe chest pains. B realizing that A was indeed in serious trouble, immediately brought her to the hospital. Despite efforts to alleviate A's pains, she died of heart attack. It turned out that she had been suffering from a lingering heart ailment.

What crime, if any, could B be held guilty of?

B could be held liable for parricide because his act of hitting his wife with his fist blows and therewith inflicting physical injuries on her, is felonious. A person committing a felonious act incurs criminal liability although the wrongful consequence is is different from what he intended.(Art.4, par.1, Revised Penal Code)

Although A died of heart attack, the said attack was generated by B's felonious act of hitting her with his fists. Such…

December 2018 Criminologist Licensure Examination Results

The Professional Regulation Commission (PRC) announces that 14,324 out of 41,341 passed the Criminologist Licensure Examination given by the Board of Criminology in the cities of

Manila, Antique, Baguio, Cagayan de Oro, Cebu, Cotabato, Davao,General Santos, Iloilo, Legazpi, Lucena,Occidental Mindoro, Pagadian,Palawan,Pangasinan,Tacloban, Tuguegarao and Zamboanga 
last December 2018. The results of examination with respect to eleven (11) examinees were withheld pending final determination of their liabilities under the rules and regulations governing licensure examination.

List of Successfull Examinees
Top 10 Examinees
Top Performing Schools

The members of the Board of Criminology who gave the licensure examination are

Hon. Ramil G. Gabao, Chairman; Hon. George O. Fernandez and Hon. Ruben A. Sta. Teresa, Members.
The results were released in fifteen (15) working days from the last day of examination.

From January 28 to February 6, 2019, registration for the issuance of Professional Identif…

December 2018 Criminologist Licensure Examination Top Performing Schools

The top performing schools in the December 2018 Criminologist Licensure Examination as  per Commission Resolution No. 2010-547 series of 2010: (with 50 or more examinees and with at least 80% passing percentage)

No.1 TARLAC STATE UNIVERSITY (TARLAC COLLEGE OF TECH.) 57 56 98.25%
         Total Number of Examinees - 57
         Total Number Passed - 56
         Passing Percentage - 98.25%

No.2 KING'S COLL. OF THE PHILIPPINES-BAMBANG INC.(ELC, INC)
         Total Number of Examinees - 53
         Total Number Passed - 51
         Passing Percentage - 96.23%

No.3 CAVITE STATE UNIVERSITY (DON SEVERINO AGR'L. COLL.)
         Total Number of Examinees - 65
         Total Number Passed - 62
         Passing Percentage - 95.38%

No.4 UNIVERSITY OF THE CORDILLERAS (FOR.BAGUIO C.F.)
         Total Number of Examinees - 63
         Total Number Passed - 60
         Passing Percentage - 95.24%

No.5 KING'S COLLEGE OF THE PHILIPPINES INC.- BENGUET (FOR E.L.C)
         Total Number of Ex…

December 2018 Criminologist Licensure Examination Top 10

The successful examinees who garnered the ten (10) highest places in the December 2018 Criminologist Licensure Examination are the following:

1st Placer - ELLA JEANNE CHAVEZ SALVADOR
                    UNIVERSIDAD DE ZAMBOANGA (for.ZAEC) - 91.15

2nd Placer - CHRISTINE JOY SUDLA MIRANDA
                     ARAULLO UNIVERSITY - 90.90

3rd Placer - PHILIP DOMINIC MORENO PENDANG
                     UNIVERSITY OF MINDANAO-DAVAO CITY - 90.65

4th Placer - RIZALENE DURAN TATAD
                    UNIVERSITY OF MINDANAO-BANSALAN - 90.25

5th Placer - KIMBERLY VILLARE CRUZ
                    PHILIPPINE COLLEGE OF CRIMINOLOGY - 90.05

6th Placer - VICENTE LAVADOR GUMAPAC
                    UNIVERSITY OF MINDANAO-TAGUM - 89.90

7th Placer - CHERRYFE MARQUITA ESPA√ĎA
                    UNIVERSITY OF MINDANAO-DAVAO CITY - 89.85

8th Placer - PRESCO SANTOS BABAD JR
                    BULACAN STATE UNIVERSITY (for.BCAT)-MALOLOS - 89.75

9th Placer - RACHMA MUCSAN JUDA
                    DAVAO CENTR…

What is an impossible crime?

2000 Bar Examination Question (Impossible Crime)

1. What is an impossible crime?
2. Is an impossible crime really a crime?

1. An impossible crime is an act which would be an offense against person or property, were if not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. (Art.4, par.2 RPC)

2. No, an impossible crime is not really a crime. It is only so-called because the act gives rise to criminal liability. But actually, no felony is committed. The accused is to be punished for his criminal tendency o propensity although no crime was committed.

Proximate Cause; Felonious Act; Criminal Liability

Proximate Cause | Felonious Act | Criminal Liability

Vicente hacked Anacleto with a bolo but the latter was able to parry it with his hand, causing upon him a two-inch wound on his right palm. Vicente was not able to hack Anacleto further because three policemen arrived and threatened to shoot Vicente if he did not drop his bolo. Vicente was accordingly charged by the police at the prosecutor's office for attempted homicide. Twenty-five days later, while the preliminary investigation was in progress, Anacleto was rushed to the hospital because of symptoms of tetanus infection on the two-inch wound inflicted by Vicente. Anacleto died the following day.

Can Vicente be eventually charged with homicide for the death of Anacleto? Explain.

Yes, Vicente may be charged of homicide for the death of Anacleto, unless the tetanus infection which developed 25 days later, was bough about by an efficient supervening cause. Vicente's felonious act of causing a two-inch wound on Anacleto's…

Felonious Act of Scaring; Criminal Liability

Felonious Act of Scaring (1996 Bar Examination Question)

Alexander, an escaped convict, ran amuck on board a Superlines bus bound for Manila from Bicol and killed ten (10) persons. Terrified by the incident, Carol and Benjamin who are passengers of the bus, jumped out of the window and while lying unconscious after  hitting the pavement of the road, were ran over and crushed to death by a fast moving Desert Fox bus tailing the Superlines bus.

Can Alexander be held liable for the death of Carol and Benjamin although he was completely unaware that the two jumped out of the bus? Explain.

Yes, Alexander can be held liable for the death of Carol and Benjamin because of felonious act of running was the proximate cause of the victim's death. The rule is that when a person, by a felonious act, generates in the mind of another a sense of imminent danger, prompting the latter to escape from or avoid such danger and in the process, sustain injuries or dies, the person committing the feloniou…