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Q. How is criminal liability incurred?
A. By any person committing a felony (delito) although thewrongful act done be different from that which heintended.
By any person committing a felony (delito)although the wrongful act done be differentfrom that which he intended.
before you can incur criminal liability - you do a felony, if you do something which is not a felonious, you may be civillyliable but not criminally liable
Q. So how do you incur criminal liability?
A. If you perform a felony
Definition of felony
It is an act/omission punishable by law, if the act is incorrectmerely or otherwise but it is not punishable by law and youcommit it but it appears that it is morally wrong but notpunishable by law, you do not incur criminal liability.
ExampleQ. A commit suicide and she jumps from a building andnibagsak sya kay B, did A incur criminal liability?
A. No, the act is not felonious. Suicide is not a felony. Even itis immoral.
He can be liable for reckless imprudence resultingto homicide
: those person who commit suicide, there’s
something in their head (when you go up in the tallestbuilding) di kana titingin kung may madadaganan ka pa), I donot subscribed to the opinion.The only question is if there is a criminal liability - if your actis felonious.If the act is not felonious, you will not incur criminal liability.
To be able to incur criminal liability, 2 requisites mustconcur:
1. The act is felonious2. The act is the proximate cause of the injury
Concept of Proximate Cause
The cause of the cause is the evil caused
Q: How it is defined in criminal law?
A: People vs IliganIt is that cause which in the natural & continuous sequence of events unbroken by any events, unbroken by any activeintervening cause produces an injury without which the resultwould not have result.
Q: When there is a proximate cause?
A: From the cause to the effect nothing must happen inbetween ___________________________________________________Proximate cause Effect which is the result
Case of Rockwell:
Offender punched the victim, the victim fell on the floor(cemented pavement), he did not die, while on the ground,dumating si horsie horsie!!! Dead.
Q: Was the punching - that is an exertion of violence,protective of injury? Was the punching, that is a feloniousact is the proximate cause of the death of the victim?
A: From the cause which is the act to the effect of the deathnothing must happen in between, o di ba may nangyari thehorsie, horsie,. The intervening cause - horsie horsie
Case of Rockwell vs Case of Chuaco
In Chuaco Case, the horse is not in the scenePunched -died of cerebral hemorrhage
from the cause to the effect there is nointervening
People vs. Iligan
may view that the concept of Proximate Causewas modified
the victim was hacked on the head and then herun until he reached the highway and he felland run over by the vehicles.
SC said: It was still a proximate cause even if the immediate cause was the running over.
it is not modified
explained by theSupreme Court, that it is a mortal wound na eh!
Highway - mabilis ang takbo ng vehicles so youdo not consider that as an efficient interveningcause
it was an isolated case
you do not drive less than 100 km per hour
still it is the same concept
effect “nothing happened in between”
Factors Affecting Intent and Correspondingly the CriminalLiability
Mistake of Fact2.
Error in Personae (Mistake in Identity)3.
Aberratio Ictus (mistake in the victim of the blow)4.
1. Mistake of Fact
If you commit an act which is felonious, because it ispunishable by law but you did it under a mistake of fact, youwill not be criminally liable
Requisites (the 3 must concur):
1. That act would have been lawful had the facts been as theaccused believe them to be- the act would have been lawful -nakapatay ka
2. The intention of the accused in performing the act must belawful 3. No negligence/carelessness on the part of the accused
U.S. vs. Ah chong
killed the victim, absolved because of mistake of fact
voluntary yan but under different special circumstances kayasiya na absolve, fall under the concept of mistake of fact.
1. The act would have been lawful had the facts been asthe accused believe them to be.Example