Session 3 00:00:30 to 00:10:30 [NAPA]
Article 4 mayor or a fine ranging from 200 to 500 pesos.
ARTICLE 4. Criminal Liability. — 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.
 Article 4 liability of a person committing a felony who will be liable for all
the consequences of his felonious act, intended or otherwise.
o The legal maxim here is the el que es causa de la causa del mal
causado (he who is the cause is the cause of the evil cause).
 causes which may produce a result different which the offender intended
would be error in personae, abberatio ictus, praeter intentionem.
Note: If the direct relation of the cause-and-effect between the two felonies is
effectively broken by an independent act of the victim or third person or some
extraneous act paragraph 1 of Article 4 will not apply.
 Second paragraph of Art. 4 is impossible crime which acts performed by any
person which would be an offense against persons [or property]; Felonies
defined and punished under Title VIII or TItle X, involving property. Where
it not for the inherent impossibility of its accomplishment or on account of
employment of inadequate or ineffectual means.
Note: The act performed shall not constitute a violation of any other provision of the
Code. There is no attempted or frustrated impossible crime. No act can began which
is impossible in the first place.
 Paragraph 2 of Art. 4 would follow the positivist school, which holds the
defender should be punished for his criminal tendencies, thus, provided a
penalty for impossible crime.
Q. What is the penalty for impossible crime?
A. See Article 59 [DVI]
ARTICLE 59. Penalty to Be Imposed in Case of Failure to Commit the Crime
Because the Means Employed or the Aims Sought are Impossible. —When the
person intending to commit an offense has already performed the acts for the
execution of the same but nevertheless the crime was not produced by reason of the
fact that the act intended was by its nature one of impossible accomplishment or
because the means employed by such person are essentially inadequate to produce
the result desired by him, the court, having in mind the social danger and the degree
of criminality shown by the offender, shall impose upon him the penalty of arresto
Note: The term "inherent impossibility of accomplishment" means that the act
intended by the offender is by its nature one of impossible of accomplishment, which
may be due to legal impossibility or physical impossibility.
Q. How about rape, may there be an impossible crime of rape? Why?
A. Yes. Because rape has been re-classified now as crime against person.
Consequently impossible crime of rape may be possible [DVI]
ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be
Repressed but which are Not Covered by the Law, and in Cases of Excessive
Penalties. — Whenever a court has knowledge of any act which it may deem proper
to repress and which is not punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the subject
of penal legislation.
In the same way the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the injury caused by the offense.
Q. What is the significance and purpose of Article 5?
A. Orders the court, when a punishment is not commensurate to the crime, to give a
report to the executive [through the Department of justice]. [Student].
Q. But in the meantime, what will the court do with the decision or judgment it
has arrived at?
A. The court is obliged to impose the excessive penalty because if the court will not
impose it, it will amount to judicial legislation. [Student]
Q. The court will decide on its unfairness?
A. The law may be harsh, but then it is still the law. The obligation of the law is to
impose the penalty [Student]
Q. What about the situation where apparently the act covered by the complaint
is not covered by any penal law?
A. When the act is not covered by any penal law, by the principle that no crime is
committed if there is no law punishing it, the court has to acquit or find the person
innocent [Student].
Q. And that's the end of the court's duty?
A. To give a report to the Chief Executive thru the Secretary of DOJ [DVI]
Q. Why will the court bring the attention of the President, the Chief Executive,
something that would be outside the function Chief Executive? Why not right
directly Congress, which would be the proper department as they could enact the
necessary legislation/penal law?
A. The president has the power to initiate the Congress.
A. The president may certify certain pending measures as urgent. The Congress may
influence and motivate the congress to immediately enact certain urgent bills and the
president has been doing that. [DVI].