Article 4

Question 1

Under Art. 4 of the RPC, how is criminal liability incurred? (2)

Answer 1

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

Question 2

Rationale for the rule in paragraph 1 of Article 4

Answer 2

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

Question 3

Causes which may produce a result different from that which the offender intended are: (3)

Answer 3

1. Mistake in the identity of the victim (error in personae)
2. Mistake in the blow (aberratio ictus)
3. The act exceeds the intent, that is the injurious result is greater than that intended (praeter intentionem)

Question 4

Requisites of paragraph 1 of Article 4 (2)

Answer 4

1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the DIRECT, NATURAL AND LOGICAL CONSEQUENCE of the felony committed by the offender

Question 5

Does the person who create in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter’s injuries, become liable for the resulting injuries?

Answer 5

Yes

Question 6

When the victim is suffering from internal malady, what kinds of blow are considered direct, natural and logical consequence of a felonious act? (3)

Answer 6

1. Blow was efficient cause of death
2. Blow accelerated death
3. Bloww as proximate cause of death

Question 7

Define proximate cause

Answer 7

That cause, which , in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred

Question 8

For it to be a proximate cause of the death, must there be a cause and effect relationship?

Answer 8

Yes

Question 9

These are pre-exisiting conditions that do not alter or change the cause and effect relationship of a felonious act and the resultant injuries and/or death of the victim (4)

Answer 9

1. Pathological condition
2. Predisposition of the offended party
3. Concomitant or concurrent conditions, such as the negligence or fault of the doctors
4. Conditions supervening the felonious act such as tetanus or gangrene

Question 10

The felony committed is not the proximate cause of the resulting injury when (2)

Answer 10

1. There is an active force that interevened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or
2. The resulting injury is due to the intentional act of the victim

Question 11

The death of the victim is presumed to be the natural consequence of the physical injuries inflicted, when the following facts are established: (3)

Answer 11

1. That the victim at the time of the phyiscal injuries were inflicted was in NORMAL HEALTH
2. That DEATH MAY BE EXPECTED from the phyiscal injuries
3. That DEATH ENSUED WITHIN A REASONABLE TIME

Question 12

Is the offender liable when the consequences produced resulted from a distinct act or fact absolutely foreign from the criminal act? (not direct, natural and logical consequence)

Answer 12

No

Question 13

The felony committed is not the proximate cause of the resulting injury when:(2)

Answer 13

1. There is an active force that interevened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or
2. The resulting injury is due to the intention

Question 14

Is the accused responsible for the result, if there is a neglect of the wound or there is an improper treatment of the wound?

Answer 14

Yes, based on the general rule that he who inflicts the injury is not relieved of responsibility if the wound inflicted is dangerous, that is, calculated to destroy or endanger life, even though the immediate cause of the death was erroneous or unskillful medical or surgical treatment

Question 15

Requisites of impossible crimes (impossible attempts) (4)

Answer 15

1. That the act performed would be an OFFENSE AGAINST PERSONS OR PROPERTY
2. That the act was done with EVIL INTENT
3. That its accomplishment is INHERENTLY IMPOSSIBLE, or that the MEANS EMPLOYED is ther INADEQUATE or INEFFECTUAL
4. That the act performed should not constitute a violation of another provision of the RPC

Question 16

Is there still an impossible crime if the act performed would be an offense other than a felony against person or against property?

Answer 16

No

Question 17

2 Kinds of impossibility within an impossible crime

Answer 17

1. Legal impossibility
2. Physical impossibility

Question 18

Purpose of the law in punishing impossible crimes

Answer 18

To suppress criminal propensity or criminal tendencies.
Objectively, the offener has not committed a felony, but subjectively, he is a criminal