Professional Documents
Culture Documents
a. Memorize Article 4
Art. 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 an account of the employment of inadequate or
ineffectual means.
actual victim. Consequently the act may result in a complex crime or in two or more separate felonies, but
there is only one intent that characterized the crimes. Thus aberratio ictus may result to a greater penalty
to the offender
urbano vs iac
n Discuss Article 5
Art. 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 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.
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Basis of paragraph 1 – The legal maxim “nullun crimen, nulla poena sine lege”, that is, that there is no
crime if there is no law that punishes the act.
o. Memorize and discuss article 6
Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which
are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than this own spontaneous desistance.
But prep acts which are considered in themselves by law, as independent crimes are punishable.
Examples:
1. buying poison or carrying weapon with which to kill the intended victim
2. carrying inflammable materials to the place where a house is to be burned
For merely doing any of these acts, a person is not liable for attempted homicide or attempted arson,
because they do not constitute even the first stage of the acts execution of those crimes
in performing the acts of execution of a felony, the offender may reach only the first stage or the second
stage. In either case, he doesn’t produce the felony he intends to commit. But he is liable for attempted
felony or frustrated felony, as the case may be.
q. What are the elements of an attempted felony?
1. The offender commences the commission of the felony directly by overt acts.
2. He does not perform all the acts of execution which should produce the felony
3. The offender’s act is not stopped by his own spontaneous desistance.
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4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous
desistance.
r. What is an overt act
an overt act is some physical activity or deed, indicating the intention to commit a particular crime more
than a mere planning or preparation, which if carried to its complete termination following its natural
course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense
flight to enemy’s country - in this crime the mere attempt to flee to an enemy country is a consummated
felony
corruption of minors - a mere proposal to the minor to satisfy the lust of another will consummate the
offense
3. felony by omission
there can be no attempted stage when the felony is by omission because in this kind of felony the offender
doe not execute acts. he omitted to perform an act which the law requires him to do.
but killing a child by starving him, although apparently by omission, is in fact by commission
4. crimes requiring the intervention of two persons to commit them are consummated by mere agreement
in those crimes, like betting in sport contests and corruption of public officer which require the intervention
of two persons to commit them, the same are consummated by mere agreement. The offer made by one
of the parties to the other constitutes attempted felony, if the offer is rejected
the accused lay on top of the a nine year old girl for over 15 minutes. The girl testified that there was
partial penetration of the male organ in her private parts and that she felt intense pain.
H: Entry of the labia or lips of the female organ without rupture of the hymen is generally held sufficient
to warrant conviction of the accused for consummated crime of rape
b. frustrated rape
the accused endeavoured to have sexual intercourse with a 3 year old girl. There was doubt whether he
succeeded in penetrating the vagina
H: There being no conclusive evidence of penetration of the genital organ of the child, the accused is
entitled to the benefit of the doubt and can only be found guilty of frustrated rape
c. attempted rape
The accused placed himself on top of a woman and raising her skirt in an effort to get his knees between
her legs while his hands held her arms firmly, endeavouring to have sexual intercourse with her, but not
succeeding because of the offended party was able to extricate herself and to run away
d. consummated homicide
Accused-appellant shot the victim in the left forearm. While he and the victim were grappling for the gun,
his co-accused who has remained at large, stabbed the victim in the chest. The victim died and it was
established that the cause of death was haemorrhage, secondary to stab wound
H: Accused-appellant was found guilty of homicide there being no qualifying circumstance to make the
killing murder. The fact that he did not inflict thee moral is of no moment, since the existence of conspiracy
was satisfactorily shown by the evidence
e. frustrated murder
The accused stabbed his two victim as they were about to close their store in the evening. one of the victim
died while the other recovered
H: The assault upon the surviving victim constituted frustrated murder, her relatively quick recovery being
the result of prompt medical attention which prevented the infection in the wound from reaching fatal
proportions which would otherwise ensued. The attack was qualified by treachery
f. attempted homicide
The accused intended to kill his victim but he was not able to perform all the acts of execution necessary
to consummate the killing. The wounds inflicted did not affect vital organs. There were not moral. He was
first wanted his victim before shooting him
Reason for the exception – the commission of felonies against persons or property presupposes in the
offender moral depravity. For that reason, even attempted or frustrated light felonies against persons or
property are punishable.