GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
MODULE 4 THE COUSES THAT PRODUCE RESULT DIFFERENT FROM
INTENTION OF THE OFFENDER AND IMPOSSIBLE CRIME
I: INTRODUCTION
Hello dear Note that today is the first session after the 2 successive out sessions .to test your
understanding on the previous lesson ,I will include an assessment covering the previous
lessons ,fighting
Productivity tip : to accomplish any task in this new normal ,discipline ,commitment and
perseverance are the keys set your alarm and follow the indicated time that you finish the
activities .listen to your instructor and be willing more than ever to learn .education has never
been this important .stay strong
II: INTENDED LEARNING OUTCOME
At the end of this module, the student will be able to
1. Know the three causes that produce result different from intention of offender
2. Understand the concept of impossible crime
3. Distinguish the mistake of fact and mistake of law
4. Distinguish intent and motive
III: TOPIC
PART I WHAT I KNOW CHART
1 Activity 1 answer the what I know chart part 1
Here we go again with what I know chart .you know the drill dear You have 3 minutes to answer
this and the time starts now :
WHAT I KNOW QUESTIONS WHAT I LEARNED
What is dolo
What is culpa
What is criminal liability
PART 2 CONTENT NOTES
2 ACTIVITY 2 Read its content
Intent distinguished from motive
Motive is the moving power which impels one to action for a definite result intent is the purpose
to use a particular means to effect such result 1
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
Motive is not essential element of a crime ,and and hence need not be proved for purposes of
conviction (People vs Aposaga ,No l 32477,oct 30,1981
An extreme moral perversion may lead a man to commit a crime without a real motive but just
for the sake of committing it or the apparent lack of a motive for committing a criminal act does
not necessarily mean that there is none ,but that simply it is not known to us for we cannot
probe into the depths of ones conscience where it may be found ,hidden away and inaccessible
to our observation (People vs taneo 58 Phil 255 256 )
One may be convicted of a crime where his motive appears to be good or bad or even though
no motive is proven .A good motive does not prevent an act from being a crime in mercy killing
.the painless killing of a patient who has no chance of recovery the motive may be good but it is
nevertheless punished by law
Mistake of fact while ignorance of the law excuses no one from compliance therewith
(ignorantia legis non excusat) ignorance or mistake of fact relieves the accused from criminal
liability (ignorantia facti excusat )
Mistake of fact is misapprehension of fact on the part of a person who caused an injury to
another .he is not ,however criminally liable ,because he did not act with criminal intent
An honest mistake of fact destroy the presumption of criminal intent which arises upon the
commission of a felonious act ( People vs Coaching et al ,C,A 52 O g 293 citing People vs
Oanis .74 Phil 257)
Requisites of mistake of fact as a defense
1. That the act done would have been lawful had the facts been as the accused believed
them to be
2. That the intention of the accused in performing the act should be lawful
3. That the mistake must be without fault or carelessness on the part of the accused
Criminal intent is necessary in felonies committed by means of dolo
Criminal intent is necessary in felonies committed by means of dolo because of the legal
maxims –actus non facit reum nisi mens sit rea .the act doen by me against my will not my act
(U>S Ah chong 15 Phil 499)
(Refer to article 4 RPC)
General rule : the offender is Criminally liable for all the natural and logical consequences of
his felonious act ,although not intended ,if the felonious act is the proximate cause of the
resulting harm
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
Thus the person is still criminally liable although the wrongful act done be different from that
which he intended in the following cases
1. Error in Personae –mistake in the identity of the victim ,injuring one person mistaken for
another (Art 49 penalty for lesser crime in its maximum period )
a) At least two subjects
b) B a has intent to kill B but kills C
c) Under art 3 if A hits C he should have no criminal liability but because of art 4 ,his act is
a felony
2. Aberratio ictus mistake in the blow when offender intending to do an injury to one
person actually inflicts it on another (art 48 on complex crimes –penalty for graver
offense in its maximum period ) (a) there is only one subject (b) the intended subject is a
different subject but the felony is still the same
3. Praeter intentionem –injurious result is greater than that intended ( art 13 –mitigating
circumstances )
a) If A’s act constitutes sufficient means to carry out the graver felony ,he cannot claim
praeter intentionem
The felony committed must be the proximate cause of the resulting injury
Proximate cause is that cause ,which in natural and continuous sequence unbroken by any
efficient i9ntervening cause produce the injury ,and without which the result would not have
occurred (Bataclan vs Medina 102 Phil 181 ,186 quoting 38 am ,Jur 695)
PROXIMATE CAUSE V IMMEDIATE
CAUSE V REMOTE CAUSE
Illustration : A,B,C .D and E were driving their vehicles along Ortigas Ave ,A’s car was ahead
followed by those of B.C.D.and E
When A’s car reached the intersection of Edsa and Ortigas avenue ,the traffic light turned red so
A immediately stepped on his barkes ,followed by B,c and D
Hoewever <E was using his cellphone and therefore was not aware that the traffic light had
turned to red so he bumped the car of D then d hit the car of C then C hit the car of b then finally
B hit the car of A
In this case ,the immediate cause of the damage to the car of A is the car of B but that is not the
proximate cause
The proximate cause is the negligence of E (Using his cellphone while driving ) because it sets
into motion the collision of all cars
IMPOSSIBLE CRIME ,ART 4 PARAGRAPH 2
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
Purpose punishing impossible crime : to suppress criminal propensity or criminal tendencies
Objectively ,the offender has not committed a felony ,but subjectively ,he is a criminal
Requisites
1. That the act performed would be an offense against persons or property
2. That the act was done with evil intent
The offender intents to commit felony against persons or against property ,and the act
performed would have been an offense against person or property
It must be shown that the actor performed the act with the intent to do an injury to
another
However it should not be actually performed for otherwise he would be liable for that
felony
3. That its accomplishment is inherently impossible or that the means employed is either
inadequate or ineffectual
Inherent impossibility : the act intended by the offender is by its nature one of impossible
accomplishment . There must be either (1) legal i9mposibility or (2) physical impossibility of
accomplishing the intended act
Legal impossibility – the intended act acts even if completed would not amount to a crime
legal impossibility would apply to thsose circumstances where
a) The motive ,desire and expectation is to perform an act in violation of the law
b) There is intention to perform the physical act
c) There is performance of the intended physical act and
d) d.the consequence resulting from the intended act does not amount to a crime (
intod Vca)
Physical or factual impossibility extraneous circumstances unknown to the actor or beyond
his control prevent the consummation of the intended crime
IV: LEARNING ACTIVITY
3 Activity 3 skill building activities
A. instruction : Give two (2) examples of each mode of impossible crime .Write your answer
below You can do it “Fighting
LEGAL IMPOSIBILITY PHYSICAL IMPOSIBILITY
A. 1.
B. 2.
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
Is a mistake of fact punishable ?why and why not
B: Instruction ; in this second activity I want you to be creative and make your own scenarios
on the following cases ,after that answer the concluding questions below write your answer
on the box provided
Praeter intentionem Aberration ictus error in personae
Are the above acts punishable ? why and why not ?
4 activity 4 what I know chart part 2
If you noticed .this atble is the same with the first table you suppose to answer after erading
the concept and answering the activities above .now since you have already understood the
concepts let us now answer the 3rd column with the heading what I learned and compare
.the moment you answer the question in the first column and when you answered in the third
column .what’s the difference ( go back to the table above )
5 activity 5 : check for understanding –summative test
Instruction to check your understanding ,I want you to answer the question below with all
your best within 5 minutes ,set your clock already ,time starts now .
A. How do you define criminal liability ? and what are the acts that do not constitute criminal
liability because of certain circumstances ?
B.
1. Explain the three inherent power of the state
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
2. Explain the function of the three branches of the government
3. What is ex post facto law ?
4. Explain the characteristic of criminal law and its exemption
5. Explain dolo and culpa
V: LESSON WRAP UP
6 Activity 6 thinking about learning
A. Work tracker
GAPAN CITY COLLEGE
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
CRIMINAL LAW
You are done with this session lets track your progress ,shade the session number you
just completed since this is 4th lesson for the semester you shade the no 4 under
Midterm .do the drill
1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 1 2 2 2
0 1 2 3 4 5 6 7 8 9 0 1 2
D. Think about your learning
Did you get all things right ? if you have questions feel free to raise it
Date
Learning target/objective
What module No did you
do today what were the
learning objectives
Scores
What were your scores in
the activities
Action plan
What contributed to your
performance to day ?what
will you maintain your
performance or improve it
Vi REFERENCES
Text book
1. The Revised Penal Code :Criminal law Book one by Luis Reyes .nineteenth edition ,201
2. The Revised Penal code Codal 2000 edition
3. The 1987 Constitution by Joaquin G Bernas ,S,J
4. The revised Penal code by Atty Makamasa A Gapit 20013
