1. What is a mistake of fact? What are its elements?

- is a misapprehension fact on the part of the person who caused injury to

another. He not liable for absence of criminal intent.
1. The act done would have been lawful had the facts been as the accused
believed them to be;
2. The intention of the accused in performing the act should be lawful;
3. The mistake must be without fault or carelessness on the part of the
accused.

2. Explain each and give (1) specific example (thru a fictional situation/s)

a. Mistake in identity (error in personae)

- A person is criminally responsible for committing an intentional felony
although the victim is different from the intended victim due to mistake of identity.

For example:
Mr. A wanted to kill Mr. B, in a dark small road Mr. A saw someone is
about to pass by believing that it was Mr. B he immediately drew his gun and
pointed to the man and pulled off the trigger but upon checking the victim is Mr. C
and not Mr. B. So, Mr. A is criminally liable for killing Mr. C under the principle
of error in personae

b. Mistake in the blow (aberratio ictus)

- The person is criminally responsible for committing an intentional felony
although the actual victim is different from the intended victim due to mistake
of blow.
Here there are at least two victims, the intended victim and the third person who
was hit by reason by mistake of blow.
In example 1:
Mr. A is waiting for Mr. B in the road when Mr. B is approaching to the area of Mr.
A. Mr. A shoot him with a gun unluckily Mr. A missed it but Mr. C was hit by the
bullet intended for Mr. B and Mr. C died.
So, Mr. A is criminally liable for killing Mr. C under the principle of
aberratio ictus

c. Praeter intentionem

- The consequences went beyond the intention. The person is incur criminal
liability for committing an intentional felony although the wrongful
consequences is graver than is intended.

For example:
 Mr. A wanted to injure the leg of Mr. B so he planned to shoot with gun the
leg of Mr. B. He wait for Mr. B in the road. When he saw Mr. B he immediately
aim the leg of Mr. B and shoot it. But unluckily Mr. B saw a money and he pick
it so the bullet hit his head and died.
So, Mr. A is criminally liable for killing Mr. B under the principle of Praeter
intentionem

B. What are the stages in committing a felony? Explain briefly each

Give (1) specific example (fictional situation) for each kind

A. attempted Stage

- A felony is in attempted stage when the offender commences the commission

of a felony directly by overt acts (an action that if allowed to continue will
logically result in felony ), and does not perform all the acts of execution which
should produce the felony be reason of some causes or accident other his own
spontaneous desistance.

- For example, Juan and Pedro have a dispute before one day they are fighting
Pedro wanted to kill Juan with his knife. Juan has a lot of wounds and Pedro
determined to kill him but Juan avoid the swing of his knife and luckily the
police come over so Pedro run away.

B. frustrated Stage

- A felony is at the frustrated stage when the offender performs all the acts of
execution which would produce the felony as the consequence but which
nevertheless do not produce it by reason or causes independent of the will of the
perpetrator.

- For example Juan with intent to kill and using a big knife stab Pedro and
inflicted serious wound all over his body. Juan believe that Pedro is dead and he
leave him but Pedro timely brought in the hospital and due to intensive medical
care made by the doctor.

C. Consummated Stage

- A felony is at the consummated stage when all the elements necessary for its
execution and accomplishment are present.

- For example Juan with intent to kill Pedro and he successfully made it.