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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 on account of the employment of inadequate or
ineffectual means.

The manner of incurring criminal liability under the RPC is stated in Article
3, that is , performing or failing to do an act, when either is punished by law,
by means of deceit or fault.

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.

DOCTRINE: He who is the cause of the cause is the cause of all evil

A felony is an act or omission punishable by the RPC. If the act is not

punishable by the Code, it is not a felony. But the felony committed by the
offender should be one committed by means of dolo, that is , with malice
If the wrongful act results from the imprudence, negligence, lack of
foresight or lack of skill of the offender, his liability should be determined
under Article 365, which defines and penalizes criminal negligence.

The act or omission should not be punished by a special law, because the
offender violating a special law may not have the intent to do an injury to
another. In such case, the wrongful act done could not be different, as the
offender did not intend to do any other injury.

When a person has not committed a felony, he is not criminally liable for
the result which is not intended.
The causes which may produce a result different from that which the
offender intended are:
1. Mistake in the identity of the victim
2. Mistake in the blow meaning when the offender actually inflicts injury
to another who is different from what he intended to inflict
3. The act exceeds the intent, or the injurious result is greater than what
was intended

Requisites in order that a person may be held criminally liable for a felony
different from that which he intended to commit:
1. That an intentional felony has been committed
2. That the wrong done to an aggrieved party is the direct, natural and
logical consequence of the felony committed.

No felony is committed:
1. When the act or omission is not punishable by the RPC
2. When the act is covered by any of the justifying circumstances
enumerated in Article 11.

An act which is not punishable by RPC is attempting to commit suicide.

One who is acting in self defense is not committing a felony.
A person is not committing felony if he is acting in the fulfillment of a duty.

Any person who creates in anothers mind an immediate sense of danger,

which casuses the latter to do something resulting in the latters injuries, is
liable for the resulting injuries.

The felony committed must be the proximate cause of the resulting injury.
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.

Ill-treating another by deed without casing any injury, is a felony under

Article 266 of the RPC.
The following are not efficient intervening causes:
1. The weak or diseased physical condition of the victim, a when one is
suffeting from tuberculosis or hear disease.
2. The nervousness or temperament of the victim as when a person
dies in consequence of an internal hemorrhage brought on by moving
about against the doctors orders.
3. Causes which are inherent in the victim, such as the victim not
knowing how to swim
4. Neglect of the victim or third person, such as the refusal by the
injured party of medical attendance or surgical operation.
5. Erroneous or unskillful medical or surgical treatment, as when the
assault took place in an outlying barrio where proper modern surgical
service was not available.

When death is presumed to be the natural consequence of physical injuries

1. That the victim at the time the physical injuries were inflicted was in
normal health
2. That death may be expected from the physical injuries inflicted
3. That death ensued within a reasonable time

A person is not liable criminally for all possible consequences which may
immediately follow his felonious act, but only for such as are proximate.

The felony committed is not the proximate cause of the resulting injury
1. There is an active force that intervened between the felony committed
and the resulting injury, and the active force is a distinct act or fact
absolutely foreign from the felonious act of the accused or
2. The resulting injury is due to the intentional act of the victim

Unskillful and improper treatment may be an active force, but it is not a

distinct act or fact absolutely foreign from the criminal act.
IMPOSSIBLE CRIMES: The commission of an impossible crime is
indicative of criminal propensity or criminal tendency on the part of the
actor Such person is a potential criminal.


1. That the act performed would be an offense against persons or
2. That the act was done with evil intent to cause injury
3. That its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual
4. That the act performed should not constitute a violation of another
provision of the RP.

There must be either:

1. Legal impossibility
2. Physical impossibility of accomplishing the intended act


1. Murder
2. Rape
3. Parricide
4. Homicide
5. Infanticide
6. Abortion
7. Duel
8. Physical injuries


1. Robbery
2. Brigandage
3. Theft
4. Usurpation
5. Culpable insolvency
6. Swindling and other deceits
7. Chattel mortgage
8. Arson and other crimes involving destruction
9. Malicious mischief

If the act performed would be an offense other than a felony against

persons or against property, there is no impossible crime.
In impossible crime the act performed should not constitute a violation of
another provision of the RPC.