Article 49

Question 1

Title of Art. 49 of the RPC

Answer 1

Penalty to be imposed upon the principals when the crime committed is different from that intended

Question 2

Rules as to the penalty to be imposed when the crime committed is different from that intended

Answer 2

1. Penalty of committed > penalty of intended = impose lower penalty in its maximum
2. Penalty of commited < penalty of intended = impose lower penalty in its maximum
3. If it involves attempt or frustration AND law prescribes higher penalty for either, impose penalty for attempted or frustrated crime in its maximum

Question 3

In relation to Art. 4 of the RPC, Art. 49 applies only when?

Answer 3

Mistake in the identity of the victim (error in personae)

Question 4

Does Art. 49 apply when a more serious consequence not intended by the offender befalls the same person?

Answer 4

No, it has to be a different person (error in personae)

Question 5

Does Art. 49 apply when the intended crime and the crime actually committed are punished with different penalties?

Answer 5

No, they have to have different penalties

Question 6

Distingiush Art.49 from Art. 48 of the RPC

Answer 6

In Art. 49, LESSER penalty is to be imposed in its MAXIMUM period, in Art. 48, the penalty for the MORE OR MOST SERIOUS crime shall be imposed in its MAXIMUM period

Question 7

Is Rule No. 3 in Art. 49 necessary?

Answer 7

No, cases contemplated therein may well be covered by Art. 48