Article 4

Question 0

Causes which may produce an act that is different from that which he intended

Answer 0

1) Mistake in identity
2) Mistake in blow
3) Act exceeds the intent, the injurious result is greater than that intended

Question 1

Requisites for Article 4, Paragraph 1

Answer 1

1) Intentional felony has been committed
2) Wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender

Question 2

2 circumstances where no felony is committed

Answer 2

1) act or omission is not punishable by RPC

2) act is covered by justifying circumstances

Question 3

Blows under “suffering from internal malady”

Answer 3

1) blow was efficient cause of death
2) blow accelerated death
3) blow was proximate cause of death

Question 4

Direct, natural and logical consequence:

(1) Wound is dangerous - mortal wound
(2) Wound would not have caused death

Natural
Logical

Answer 4

1) Liable
2) Not liable. One is accountable for his own acts and their natural and logical consequence. NOT for those which bear NO RELATION to the initial cause

Natural - occurrence in the ordinary course of human life or events
Logical - rational connection between the act of the accused and the resulting injury or damage

Question 5

Not proximate causes

Answer 5

1) There is an ACTIVE FORCE that intervened 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 6

Proximate cause
v.
proximate legal cause

Answer 6

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

Note: Cause and Effect is not changed because of the pre-existing conditions of the victim or supervening conditions

proximate legal cause - that acting first and producing the injury, either immediately, or by setting other events in motion, all constituting a natural and continuous CHAIN OF EVENTS, each having a close and causal connection with its immediate predecessor

Question 7

When death is presumed to be the natural consequence of physical injuries if these are established

Answer 7

1) victim was in normal health when the physical injuries were inflicted
2) death may be expected from the injuries
3) death ensued within a reasonable time

Question 8

Not efficient intervening causes

Answer 8

1) weak or diseased physical condition of the victim
2) nervousness or temperament of the victim
3) causes inherent in the victim (not knowing how to swim, etc)
4) neglect of the victim or 3rd person (i.e. doctors)
5) erroneous or unskillful medical treatment

Because no intervening force, it is a proximate cause therefore he is liable.

Question 9

Felonies against persons

Answer 9

1) Parricide
2) Murder
3) Homicide
4) Infanticide
5) Abortion
6) Duel
7) Physical injuries
8) Rape

Question 10

Requisites of impossible crime

Answer 10

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 either inadequate or ineffectual
4) that the act performed should not constitute a violation of another provision of the RPC

Question 11

Felonies against property

Answer 11

1) Robbery
2) Brigandage
3) Theft
4) Usurpation
5) Culpable insolvency
6) Swindling and other deceits
7) Chattel mortgage
8) Arson and other crimes involving destruction
9) Malicious mischief

Question 12

2 types of impossibility

Answer 12

1) legal impossibility

2) physical impossibility

Question 13

Retaining possession of bolo and because of struggle…

Answer 13

The law allows to use the necessary force to retain what belongs to him

Question 14

Creating in another’s mind an immediate sense of danger

Answer 14

…which causes the latter to do something resulting to injuries is liable for the injuries