Name: JEFFREY C.

SANTILLAN
SECTION: ALFARABI, 2021-2022
Subject: Criminal Law I

1. What is proximate cause? Give 5 illustrations of proximate cause.

It is that cause which, in the natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred. If the
result can be traced back to the original act, then the doer of the original act can be held criminally
liable.

A bus was running very fast on a highway when one of the front tires burst, and the vehicle
began to zigzag until it fell into a canal and turned turtle. It appeared that the bus had overturned and
gas was leaking. Some bystanders went to the bus to loot it and used lighters for light to grab valuable
materials, which ignited the gasoline and burned the bus and the injured travelers inside. The proximate
cause is the lighter of the looter.

II

A bus was running slow on a highway when one taxi appeared in front of it running fast, causing
the bus to sway and flip multiple times, killing one bystander near the area. The proximate cause is the
fast-running taxi that crossed in front of the bus.

III

The driver of a jeep was robbed. The robber pointed a gun at the head of the driver. The driver
lost control of his jeep and struck a wall, causing the death of 5 passengers. The liable party is the robber
who pointed a gun at the head of the driver.

IV

Mang Tasio was crossing the street when suddenly he stopped. The jeepney in his back, which
was moving slowly, abruptly came to a halt, resulting in a collision between the jeepney and the SUV
following the jeepney.

Betty bought a pen. When she went home, Carlo, the brother of Betty, was bullied by his older
cousin and was running fast towards Betty for help when he was stripped head first. This resulted in the
blood cloth in the brain and the death of Carlo. The elder cousin is liable as he is the proximate cause.

2. What is aberratio ictus? Give five illustrations.

Aberratioictus – mistake in the blow (Article 48 on complex crimes – penalty for graver offense in its
maximum period)
  The offended person is not the intended victim

 The accused delivers the blow at the intended victim but because of poor, aim the blow landed
on somebody else

 The intended victim is also at the scene of the crime

 Considered a complex crime unless the resulting consequence is not a grave or less grave
felony

 Effect: If complex crime, the penalty of the more serious crime shall be imposed (Art. 48, RPC)

Aron shot Boss, but because of a lack of precision, it was Chu, a bystander, who was hit. As a
result, Chu died.

II

A and B are competing for the love of D. Due to jealousy, A stab B but because of untimely
swing, it was C the father of A who was in the middle of A and B, was stab and died immediately instead
of B.

III

A and B are hunting. A plans to kill B while hunting. A spotted the opportunity to kill B and
pointed a gun in the head of B. B noticed and was able to duck A's aim. C, who was picking twigs at the
time, was accidentally hit in the chest, resulting in his immediate death.

IV

B and A were playing basketball when B suddenly got angry with A. B threw a rock on the head
of A, but because of poor aim, C, who was watching from the bench, was hit in the head, resulting in a
week of comatose and declared dead the week after.

Aron and Boss are drinking beer outside their lot. When Diego passed by and saw Aron, who
was his mortal enemy, he immediately pointed a gun at Aron, but because of lack of precision, Boss was
hit in the head and died.

3. What is error in personae? Give five illustrations.

Error In Personae is mistake in the identity of the victim (Article 49 – penalty for lesser crime in
its maximum period)
 The offended person is not the intended victim

 The accused actually hit the person whom the blow was directed but turned out to be different
from and not the intended victim

 Effect: mitigating only if the crime committed is different from that which was intended
 I

Ar was awakened by the sound of the door slamming. He was afraid for his life and believed it
was a burglar. Ar repeatedly yelled, "Who are you?" but received no response. "If you enter this room, I
will murder you," he yelled. The pounding went on. Ar grabbed a kitchen knife and prepared to attack
anyone who entered his room. The room is deemed, which makes it impossible to recognize whoever
will enter it. Ar attacked as soon as the door opened. Ar mistakenly stabbed Br, who happened to be his
roommate, and died instantly after being fatally stabbed.

II

A was a police officer who was assigned to arrest B. C, while sleeping, was suddenly shot in the
back by A during his arrest of B, thinking that C was B. C died instantly.

III

A thought of killing B. He positioned himself at one corner where B would usually pass. When a
figure resembling B was approaching, A hid and when that figure was near him, he suddenly hit him with
a piece of wood on the nape, killing him. But it turned out that it was his own father. The crime
committed is parricide, although what was intended was homicide. Art. 49, RPC will apply because out
of a mistake in identity, a crime was committed different from that which was intended.

IV

As a result of a quarrel, B endeavored to kill D, but by mistake, killed M.

V

A and B squabbled at the disco. A stayed and waited outside to kill B. When a shadow of a man
went out and urinated outside, A stabbed the man. Later on, it was found out that the man he stabbed
was C, the brother of B.

4. What is praeter intentionem? Give five illustrations.

Praeter intentionem – injurious result is greater than that intended (Article 13 – Mitigating
Circumstance)
 The offended party is the intended victim

 The consequences went beyond that intended or expected

 If the resulting felony can be foreseen or anticipated from the means employed, the
circumstance of praeter intentionem does not apply.

 Effect: mitigating only if there is notable or notorious disparity between the means employed
and the felony which resulted

I
 A and B quarreled and they had fist blows. A started to run away and B went after him, struck
him with a fist blow at the back of the head. Because the victim was running, he lost balance, he fell on
the pavement and his head struck the cement pavement. He suffered cerebral hemorrhage, then died.
Although B claimed that he had no intention of killing A (victim), his (B) claim is useless. Intent to kill is
only relevant when the victim did not die. Although B was convicted for homicide for the death of A, B
was given the benefit of paragraph 3 of Article 13, RPC, that is “that the offender did not intend to
commit so grave a wrong as that committed.

II

A stuffed a "pandesal" in the mouth of B to prevent her from making an outcry. The pandesal,
however, slid into the neckline, caused by the victim's own movements while she was hogtied, resulting
to B's death by asphyxiation.

III

Arly stuffed a bread in the mouth of Bro to prevent her from making an outcry. The bread,
however, slid into the neckline, caused by the victim's own movements while she was hogtied, resulting
to Bro's death by asphyxiation.

IV

Arno and Bruno quarreled and they had bolos. Arno started to run away and Bruno went after
him, struck him with a his bolo at the back of the head. Because the victim was running, he lost balance,
he fell on the cemented pavement and his head struck the pavement. He suffered cerebral hemorrhage,
then died.

A waited outside the house of B. When B arrived, A suddenly attacked B. B ran toward his fence
but was struck in the heart by a piece of metal that was part of his gate and died immediately.

5. Compare and contrast motive and intent.

Intent is the purpose to use a particular means to effect such result while Motive is the reason or
moving power which impels one to commit an act for a definite result. Intent is an element of the crime, except in
unintentional felonies (culpable) while Motive is NOT an element of the crime. Intent is essential in intentional
felonies while Motive is essential only when the identity of the perpetrator is in doubt.