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