Assignment

1. Give the meaning and explain the following concepts and give examples for each: (10pts each)
a. Ignorantia facti excusat
-ignorance or mistake of fact relieves the accused from criminal liability. Mistake of fact is such mistake that
will negate criminal liability because of the absence of criminal intent. This is a misapprehension of fact on
the part of the person who caused injury to another.
Example: A was at home and alone, B who likes doing prank decided to do such to A. B’s prank was scare A
by knocking on the door without being seen by the latter. B knocked and knocked but did not show himself, A
got scared, because he thought that it was a ghost or bad element, something like that, who’s knocking on the
door. A was so nervous and very scared and grabbed a baseball bat and opened the door. He then hardly hit B
and merely died. A is not criminally liable for the injury of B because the law excuses mistake of fact.

b. Aberratio Ictus
- There is a mistake in the blow.
- the offender is intending to do an injury to one person unfortunately, he inflicted it on another.
Example: Mr. A, a hitman, is tasked to kill Mr. X. Because it was crowded, Mr. A cannot aim his gun
precisely. When he pulled the trigger, he turned out hitting a different person who’s not his target. Still, Mr. A
is liable for the injury he inflicted.

c. Error in Personae
- There is a mistake in the identity of the victim.
- Although the accused mistook a different person for his target, the accused is still criminally liable for the
injury he caused to that certain person.
Example: Late in the evening, X is holding a knife with the intention of assaulting Y, but due to the darkness,
the accused mistook Z for Y and inflicted multiple stab wounds. In this case, X is criminally liable for the
death of Z.

d. Praeter Intentionem
- the act exceeds to the intent. The injurious result is greater than that intended.
From the meaning itself, there is an intention but it is not that serious. Maybe the intension is just to
hurt(punch) unfortunately, it resulted to serious injuries or worse, death.
Example: Two construction worker having a dispute. Peter got very angry to his co-worker, John. Peter lost
his control and punched John on his head. The punch was so strong as John was out-balanced and got impaled
to a protruding steel. In this situation, although there was no intent to kill the victim, Peter will be liable for
the death of John.

e. Proximate cause
Proximate cause is that cause which in natural and continuous sequence, unbroken by an efficient intervening
cause, produces the injury, and without which the result would not have occurred. Proximate cause applies the
relation of cause and effect. The cause being the felonious act of the offended, the effect being the
resultant injuries and/or death of the victim.

2. What is an impossible crime? Give an example (5pts)

An impossible crime is one where the acts performed would have been a crime against person or property but which
is not accomplished because of its inherent impossibility or because of the employment of inadequate or ineffectual
means. In addition, an impossible crime is punishable by the RPC. 
Example: A stole the wallet of B while they were riding on a bus. When he came back home, A looked at the wallet
and found out that it was his own wallet which he lost 2 days ago. Thus, this crime is inherently impossible because
you cannot steal what you own.
3. What are the two kinds of inherent impossibility? Explain each (10pts)

 Legal impossibility
Legal impossibility occurs where the intended acts, even if completed, would not amount to a crime. The very
example for this is that killing a person who is already dead. A dead person cannot be injured or killed once
more.
 Physical impossibility
It occurs when extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. This means that the essential element of a crime was not present which
prevented the crime from being consummated.
Example: A, who put his hand in the coat pocket of B with the intention to steal the latter’s wallet and finds
the pocket empty.

4. What are formal crimes? Explain and give examples. (5pts)

Formal crimes- these are crimes which are consummated in one instant or by a single act. Formal crimes have
no attempted and frustrated stages. Examples of formal crimes are libel, slander and false testimony. The moment that
you utter defamatory imputations or defamatory remarks, automatically a libel or oral defamation will be on
consummated stage.
5. Compare subjective phase and objective phase of a felony. (10pts)
Subjective phase is the portion o f t he acts constituting the crime, starting from the point where the
offender begins the commission of the crime to that point where he has still control over his acts.
However, objective phase refers to that portion in the commission of crime where the accused has
performed the last act necessary to produce the intended crime and where has no more control over the
result of his acts.
6. Distinguish overt acts from preparatory acts. (10pts)
Overt act indicates the intention to commit a crime. It is more than planning or preparation, and it has a direct
connection with the intended crime of the offender. Contrary to overt act, preparatory acts only include planning and
preparation on the commission of a particular crime. It does not have direct connection with a certain crime.
Preparatory acts do not disclose necessarily an intention to consummate a crime.
7. What is desistance? (5pts)
- is an absolutory cause which negates criminal liability because the law encourages a person to desist from
committing a crime.
Talking about the criminal law, desistance is referred to as abstaining from crime to be consummated. Desistance also
means that an offender himself decided not to pursue or continue the act with his criminal purpose.
8. Compare attempted from frustrated felony and give examples. (10pts)
In a frustrated felony, the offender performs all the act of execution but the felony is not committed because of
some reasons not attributable to the offender. The intended crime is not accomplished by reason of causes independent
of the will of the perpetrator.
Example: A wanted to kill B and he did it by stabbing B on his back and fell to the ground. A believed that B died
already; however, because of timely medical intervention, B survived the attack. The commission of the felony is in
the frustrated stage because all the acts of execution have been performed, but the felony is not produced because of
the timely medical intervention. Now, the timely medical intervention is the cause independent of the will of the
perpetrator.
On the other hand, a felony is in the attempted stage when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason
of some causes or accident other than his own spontaneous desistance.
Example: Late in the evening, Aldous, armed with a knife suddenly grabbed Karina to the bushes and embraced her.
He warned Karina not to shout for help. Though the victim was struggling, Aldous succeeded to lay Karina on the
ground. He went on top of Karina, and tried to undress the latter, but because the victim continued to struggle, a group
of men heard Karina. They immediately look for that noise and heard Karina crying and asking for help. When Aldous
heard that someone is approaching, he then rapidly ran and wasn’t able to accomplish the intention to rape Karina.

9. When is conspiracy and proposal to commit a felony punishable? Give examples. (10pts)
Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor. It states that, unless there is a specific provision in the Revised Penal Code providing a
penalty for conspiracy or proposal to commit a felony, mere conspiracy or proposal is not a felony.
Examples: 1.) Art. 115. Conspiracy and proposal to commit a TREASON
2.) Art. 136. Conspiracy and proposal to commit COUP D’ETAT, REBELLION or INSURRECTION
AB&C. Together with 100 men. All met up and planned to attack and occupy the city hall Anderson
Gunnie and building. And they decided to launch their attack on the first Monday of the month following.
3.) Art. 141. Conspiracy to commit SEDITION. -Proposal to commit Sedition is NOT a crime

10. How are felonies variously classified? (20pts)

a. As to commission
Intentional Felonies- The act is performed with deliberate intent to cause an injury to another.
Culpable felonies- The act or omission is not malicious; the injury caused being simply incident of another act
performed without malice.
b. As to stage of commission
Felonies are classified into three stages which are attempted, frustrated (explained in no. 8) and consummated.
c. As to degree of participation
d. As to gravity
As to gravity, felonies are classified as Grave, less grave and light felonies.
G r a v e f e l o n i e s ar e t h o s e t o w h i c h th e la w a t t a c h e s th e ca p it a l p u n i s h m e n t o r p e n a l t i e s w h i c
h i n an y o f the i r p e r i o d s ar e aff lict iv e, i n a c c o r d a n c e w it h A rt ic l e 2 5 o f thi s Code .
Les s grav e f e l o n i e s ar e tho s e w h i c h th e la w p u n i s h e s wit h p e n a l t i e s w h i c h i n t h e i r m a x i m u m
p e r i o d ar e c o r r e c t i o n a l , i n a c c o r d a n c e w i t h th e a b o v e - m e n t i o n e d a r t i c l e.
Ligh t f e l o n i e s ar e t ho s e i n f r a c t i o n s o f la w for th e com• m i s s i o n of w h i c h th e p e n a l t y of
arresto menor or a fine not e x c e e d i n g 200 p e s o s , o r bo t h , i s p r o v i d e d .

e. As to nature
1) Mala in Se
2) Mala Prohibita
f. As to count
1) Singular Crimes
2) Plural Crimes

#PREPARE for a quiz & recitation on Oct. 4 & 6

Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims
sought are impossible. - When the person intending to commit an offense has already performed the acts for the
execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by
its nature one of impossible accomplishment or because the means employed by such person are essentially
inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to
500 pesos.

You saw your enemy, Mr. A, laying on the ground, you have the intention to kill him, approached him and stab him
multiple times. However, it was found out that before you stabbed Mr. A, he was already dead. Therefore, there is an
impossible crime. The reason why this is an impossible crime is the fact that it is impossible to kill a person who is
already dead. In this case, you cannot accomplish your intention of killing the person because at that time that you did
the stabbing, Mr. A is already dead. It could have constituted the crime of murder if Mr. was alive when you did the
act.

THE REVISED PENAL CODE