Criminal Liability

Criminal Liability


Par.1 Criminal liability for a felony committed different from  that intended to be committed

1. felony has been committed intentionally
2. injury or damage done to the other party is the direct, natural and logical consequence of the felony

Hence, since he is still motivated by criminal intent, the offender is criminally liable in:
1. Error in personae – mistake in identity
2. Abberatio ictus – mistake in blow
3. Praetor intentionem - lack of intent to commit so grave a wrong

PROXIMATE CAUSE – the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred

1996 Bar Examination Question (Proximate Cause)
2003 Bar Examination Question (Immediate Cause)

Par. 2 Impossible Crime

1. Act would have been an offense against persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed.
4. Act is not an actual violation of another provision of the Code or of special law.

Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime


1996 Bar Examination Question (felonious act of scaring)
2000 Bar Examination Question (impossible crime)


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