Art

Art. 4. Criminal liability. Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.

2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

A. PUNISHABLE CONDUCT

1. Wrongful Act different from that intended

( One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not.

( Rationale: el que es causa de la causa es causa del mal causado

He who is the cause of the cause is the cause of the evil caused

( When a person has not committed a felony, he is not criminally liable for the result which is not intended.

( The causes which may produce a result different from that which the offender intended are:

a. ERROR IN PERSONAE mistake in the identity of the victim; injuring one person mistaken for another (this is a complex crime under Art. 49)b. ABERRATIO ICTUS mistake in the blow, that is, when the offender intending to do an injury to one person actually inflicts it on another; andc. PRAETER INTENTIONEM the act exceeds the intent, that is, the injurious result is greater than that intended.

( The felony committed must be the proximate cause of the resulting injury.

PROXIMATE CAUSE - CUW

the cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.

( When death is presumed to be the natural consequence of physical injuries inflicted:1. That the victim at the time the physical injuries were inflicted was in normal health.

2. That the death may be expected from the physical injuries inflicted.

3. That death ensued within a reasonable time.

( The felony committed is not the proximate cause of the resulting injury when:

a. There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or

b. The resulting injury is due to the intentional act of the victim.

2. an act which would be an offense against persons or property,

IMPOSSIBLE CRIMES only applicable in cases of

crimes against:

1. persons

2. property