Criminal Law

Question 1

Article3 #Felony #Intent

What is intent?

Answer 1

Intent is the use of a particular means to bring about the desired result. Intent is a mental state, thus the need to determine it by the means used. This intent is demonstrated by the overt acts of a person.

Example:
The use of a lethal weapon, the nature, location, and the number of wounds sustained by a victim, among others, would show intent to kill although death did not result.

Question 2

Article3 #Felony #Motive

What is motive?

Answer 2

Motive is the moving power or force (such as vengeance) which impels a person to a desired result. Motive is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense, deeds or words that may express it or from which his motive or reason for committing it may be inferred.
(People v. Yatar, G.R. No. 150224, May 19, 2004)

Question 3

Article3 #Felony #Dolo

What are the elements of dolo?

Answer 3

The elements of dolo are intent, intelligence, and freedom of action.

Question 4

Article3 #Felony #Culpa

What are the elements of culpa?

Answer 4

The elements of culpa are negligence/imprudence, intelligence, and freedom of action.

Question 5

Article6 #frustratedstage

What are examples of crimes that have no frustrated stage?

Answer 5

(1) Rape
(2) Arson
(3) Theft
(4) Robbery

Question 6

Article171 #notarizationwithoutsignature

Atty. X prepared a notarial will upon the request of his client, Y. The testator and the two witnesses affixed their signatures therein. However, one of the instrumental witnesses failed to affix his signature. Y insisted that the said will be notarized without the signature of the third witness. Hence, Atty. X effected the notarization of the said will.

Can Atty. X be charged with falsification of public document under Article 171 of the Revised Penal Code for notarizing the will without the signature of one witness?

Answer 6

No. Atty. X cannot be charged with falsification of public document.

A notary public who notarized the acknowledgement of the attestation clause before the witness affixed his signature therein is not guilty of falsification. Since the witness did not sign the Joint Acknowledgement before it was notarized, the notary public cannot be considered as having attested and subscribed to its due execution at the time of its notarization. For a notary public to be found guilty of falsifying a notarial will, the prosecution must prove that he or she has falsified or simulated the signatures of the testator or the instrumental witnesses to make it appear that they participated in the execution of the document when they did not.
(Atty. Bernardo Constantino
vs.
People of the Philippines,
G.R. No. 225696
April 8, 2019)

Question 7

Article 4

What are the factors affecting intent and criminal liability?

Answer 7

The five (5) factors affecting intent and criminal liability are:
(1) Mistake of fact (intent to commit a crime is lacking;
(2) Aberratio ictus (mistake in the intended victim of the blow);
(3) Error in personae (mistake in the identity of the intended victim);
(4) Praeter intentionem (so grave a wrong caused than that intended); and
(5) Proximate cause (that cause of the cause is the cause of the evil caused).