ART 4.

Criminal Liability- Criminal liability shall be incurred:

1. By any person committing a felony 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
OR ITS ACCOMPLISHMENT or on account of the EMPLOYMENT OF
INADEQUATE OR INEFFECTUAL MEANS
Par 1.
One who commits an intentional felony is RESPONSIBLE FOR ALL THE
CONSEQUENCES which may natural and logically result therefrom, whether
foreseen or intended or not.
Rationale: El que es causa de la causa es causa del mal causado (he who is the
cause of the cause is the cause of the evil caused)
IMPORTANT WORDS and PHRASES
1. Committing a felony
a. Must be punishable by the Revised Penal Code
b. By means of dolo (different from that which he INTENDED), if results from
imprudence (Art 365- Criminal negligence)
When a person has not committed a felony, he is not criminally liable for the result
which is not intended
PEOPLE VS BINDOY
Facts:
a. Tuba wineshop
b. Accused offered tuba to Pacas wife, latter refused to drink
c. Accused threatened to injure her
d. Pacas stepped in to defend his wife, attempting to take away from the
accused the bolo he carried
e. Attracted attention of Omamdam who lived near market
f. Accused and Pacas were struggling for the bolo, accused succeeded in
disengaging himself from Pacas
g. Point of bolo reached Omamdam, accused was not aware of Omamdams
presence
Held: Acquitted
Had the accused attempted to wound Pacas, but instead of doing so, he wounded
Omamdam, he would have been liable for the death.
2. Although the wrongful act done be different from that which he intended
Causes which may produce a result different from that which the offender intended
are:
a. Mistake in the identity of the victim (error personae)
b. Mistake in the blow- aberration ictus
c. The injurious result is greater than that intended- praeter intentionem
PEOPLE VS MABUG-AT
Facts:

a. The accused and Juana were sweethearts

b. Accused invited Juana to take a walk with him, latter refused him on account
of the accused having frequently visited the house of another woman
c. Accused went to the house of Cirilo where Juana had gone to take part in
some devotion
d. Accused, with revolver in hand, waited until Juana and her niece, Perfecta,
came downstairs
e. Accused follow them, fired a shot from his revolver at Juana but which
wounded Perfecta, Perfecta did not die
Held: Guilty of frustrated murder
REQUISITES
a. INTENTIONAL FELONY has been committed
b. WRONG DONE to the aggrieved person be the DIRECT, NATURAL, AND
LOGICAL consequence of the felony committed by the offender
NO FELONY
a. Attempting a suicide, jumped out of the window, dropped to an old woman
who died as a consequence
b. One who shoots at another in self-defense, defense of a relative, defense of a
stranger, or in the fulfillment of duty
PEOPLE VS SALINAS
Facts
a. Three Salinas (Saturnino, Crisanto, and Fransisco) with two small boys, went
to place of Severino to get their horses which the latter caught for having
destroyed his corn plants
b. Crisanto, with the two boys inside the house of Severino, asked the latter
what had the horses destroyed.
c. Saturnino, who was in front of the house, told Severino to come down and he
will bolo him
d. Severino, was about to go downstairs but Crisanto held him on his waist, the
former then struggle to free himself, but the latter subsequently the formers
neck
e. Mercuria carrying her one-month old child Jaime approached the two and
tried her right hand to remove the hand of Crisanto which held the neck of
Severino but Crisanto pulled Mercurias right hand causing said Mercuria to
fall down over her child causing the death of the child.
Held: Two requisites not present.
Any person who creates in anothers mind an immediate sense of danger, which
causes the latter to do something resulting in the latters injuries, is liable for the
resulting injuries.