Article 4 Flashcards
RESPONSIBLE FOR ALL CONSEQUENCES
one who commits an intentional felony is responsible for all consequences, whether foreseen, or intended, or not
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.
COMMITTING A FELONY
If the act is not punishable by the Code, it is not a felony
ALTHOUGH THE WRONGFUL ACT DONE IS DIFFERENT FROM THAT WHICH IS INTENDED
The causes which may produce a result different from that which the offender intended are:
(1) mistake in the identity of the victim;
(2) mistake in the blow; and
(3) the act exceeds the intent, that is, the injurious result is greater than that intended.
REQUISITES
a. An intentional felony has been committed; and
b. That the wrong done to the aggrieved party be the direct, natural, and logical consequence of the felony committed by the offender.
NO FELONY IS COMMITTED
(1) when the act or omission is not punishable by RPC, or (2) when the act is covered by any of the justifying circumstances enumerated in Article 11. (attempted suicide, falling on a woman who died as a consequence)
CREATING IN ANOTHER’S MIND IMMEDIATE SENSE OF DANGER
any person who creates in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter’s injuries, is liable for the resulting injuries
DIRECT, NATURAL, AND LOGICAL CONSEQUENCE OF FELONIOUS ACT
It is an established rule that a person is criminally responsible for acts committed by him in violation of the law and for all the natural and logical consequences resulting therefrom.
PROXIMATE CAUSE
a person committing a felony is criminally liable for all the natural1 and logical consequences resulting therefrom although the wrongful act done be different from which was intended.
the cause and effect relationship is not altered or changed because of pre-existing conditions
WHEN FELONY IS NOT A PROXIMATE CAUSE
a. There is an active force that intervened between the felony committed and the resulting injury, foreign from the felonious act of the accused.
b. The resulting injury is due to the intentional act of the victim
NOT EFFICIENT INTERVENING CAUSES
- The weak or diseased physical condition of the victim (tuberculosis, heart disease).
- The nervousness or temperament of the victim.
- Causes which are inherent in the victim (not knowing how to swim, addicted to tuba drinking).
- Neglect of the victim or third person, such as the refusal of medical assistance.
- Erroneous or unskillful medical or surgical treatment.
- Delay in the medical treatment of the victim
DEATH PRESUMED TO BE THE NATURAL CONSEQUENCE OF PHYSICAL INJURIES INFLICTED
when the following are established:
- That the victim at the time the physical injuries were inflicted was in normal health.
- That death may be expected from the physical injuries inflicted.
- That death ensued within a reasonable time
NEGLECT/ IMPROPER TREATMENT OF THE WOUND
He who inflicts the injury is not relieved of responsibility if the wound inflicted is dangerous, calculated to destroy or endanger life, even though the immediate cause of the death was erroneous or unskillful medical or surgical treatment.
FAULT OR CARELESSNESS OF THE INJURED PERSON
persons who are responsible for an act constituting a crime are also liable for all the consequences arising therefrom and inherent therein, other than those due to incidents entirely foreign to the act executed, or which originate through the fault or carelessness of the injured persons, which are exceptions to the rule.
DOUBLE JEOPARDY
a procedural defense that prevents an accused person from being tried again on the same charges following an acquittal in the same jurisdiction
IMPOSSIBLE CRIMES
Offender intends to commit a felony but a felony should not be actually committed, for, otherwise, he would be liable for felony.
If the act performed would be an offense other than felony against persons or against property, there is no impossible crime.
