Causes which produce results different from that intended: Error in personae:mistake in the identity of the victim.

Abberatio Ictus:mistake in the blow Praeter Intentionem:injurious result is greater than that intended;considered a mitigating circumstance Criminal Liability for a felony different from that intended to be committed 1. That an intentional felony has been committed 2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed Impossible Crime 1. That the act performed would be an offense against persons or property 2. Act was done w evil intent 3. Its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual 4. Act performed should not constitute a violation of another RPC provision Mistake of Fact requisites 1. Act done would have been lawful had the facts been as the accused believed them to be 2. Intention of the accused in performing the act should be lawful 3. Mistake must be without fault or carelessness on the part of the accused Classification accdg to means: intentional and culpable Classification accdg to Stages of execution 1. Consummated: when all the elements necessary for its execution and accomplishment are present 2. Frustrated: -the offender performs all the acts of execution -all the acts performed would produce the felony as a consequence (belief of the accused is immaterial) -by reason of causes independent of the will of the perpetrator 3. Attempted -offender commences the commission of the felony directly by overt acts (overt acts-physical activity or deed indicating intention to commit a particular crime wc if carried to its complete termination ff its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into concrete offense) -he does not perform all the acts of execution which should produce the felony -he is not stopped by his own spontaneous desistance -non performance of all acts of execution was due to cause or accident other than the offenders spontaneous desistance Conspiracy as a felony vs. as a manner of incurring criminal liability As a felony: conspirators should not actually commit treason, rebellion, insurrection, coup d etat, sedition, monopolies etc, it being sufficient that 2 or more persons agree and decide to commit it; felony relates to a crime actually committed. As a manner of incurring: if the conspirators commit it, e.g. Treason, they will be held liable for treason, and the conspiracy wc they had before committing treason is only a manner of incurring

criminal liability, not treated as a separate offense; conspiracy is not traeted as a separate offense but used to determine liability of offenders; the act of one is the act of all. When is "no intent to commit so grave a wrong" considered mitigating? -it canbe taken into account only whne the facts proven show that there is a notable and evident disproportion bet the means employed to execute the criminal act and its consequences. Intention may be ascertained by considering weapon used, body part injured, injury inflicted and manner it is inflicted -not applicable in felonies by negligence, felonies where intention is immaterial and not appreciated in murder qualified by treachery What is Indeterminate sentence A sentence with a minimum term and a maximum term wc, the court is mandated to impose for the benefit of a person who is not disqualified therefore, when the maximum imprisonment exceeds 1 year and applies to both violations of RPC and special laws. When benefit is not applicable 1. Sentenced to death penalty, reclusion perpetua or life imprisonment 2. Convicted of treasin, conspiracy or proposal to commit treason, misprision of treason 3. Convicted of Rebellion, sedition, espionage 4. Convicted of piracy 5. Habitual delinquent 6. Escaped from confinement as a prisoner or evaded sentence 7. Granted with conditional pardon by the president, but violated the terms thereof 8. Max term of imprisonment actually imposed does not exceed 1 year 9. Sentenced to a penlaty of destierro or suspension only Probation A disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of probation officer; apply to all offenders except those entitled to benefits under pd603 and similar laws. It may be granted even if the sentence is fine only, but with subsidiary imprisonment in case of insolvency. No applicatin for probation will be entertained or granted if defendant has PERFECTED AN APPEAL from judgment of conviction. Duty of the court (see article 5) Aggravating circumstances (just read Beda) Circumstances affecting criminal liability 1. Justifying: those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both cirminal and civil liability (exc par 4state of necessity, where civil liability is borne by persons benefited by the act) Basis: lack of criminal intent 2. Exempting: those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions wc makes the act voluntary or negligent. Basis: complete absence of intelligence, freedom of action or intent, or on the absence of negligence on the part of the accused 3. Mitigating: those which is present in the commission of the crime,do not entily free the actor from criminal liability, but serves only to refuce the penalty.

Basis: diminution of intelligence, intent, less perversity of the offender 4. Aggravating: those which, if attendant in the commission of the crime, serve to have the penlaty imposed in its maximum period provided by law for the offense or change the nature of the crime Basis: greater perversity of the offender as manifested by the motivating power itself, place of commission, means and ways employed, time,personal circumstances of the offender or the offended party Pardon by an offended party Gen rule: it does not extinguish the criminal liability of the offender because a crime committed is an offense against the State. Only the chief executive can pardon offenders. Exc: pardon by offended party will bar prosecution1. adultery and concubinage (express or implied pardon but must be given PRIOR to institution of criminal action) 2. seduction, abduction, acts of lasciviousness (express pardon given by offended party, parents, grandparents, guardian, must be given PRIOR to institutiin of criminal action. However, martiage bet. Offender and offended party EVEN AFTER institution of the action or conviction of the offender will extinguish criminal action or mit the oenlaty already imposed against the offender, co principals, accomplices and accessories after the fact. 3. Rape (subsequent valid marriage bet offender and offended party extinguishes criminal liability or penalty imposed; civil liability may be extinguished by EXPRESS waiver of the offended party) Pardon by the offended party under art 344 is only a bar to a criminal prosecution; it is not a ground for extinguishment of criminal liability)

Pardon by chief executive v pardon by offended party CHIEF EXECUTIVE: 1. Can extend to any crime, unless otherwise provided by or subject to conditions in the Constitution or laws 2. Cannot affect the civil liability EX DELICTO of the offender 3. Extinguishes criminal liability 4. Extended only after conviction by FINAL JUDGMENT of the accused 5. Granted to any or all of the accused 6. May be absolute or conditional OFFENDED PARTY 1. Applies only to crimes against chastity and marital rape 2. The offended oarty can waive the civil liability 3. Does not extinguish criminal liability. Although it may constitute a bar to the prosecution of the offender in seduction, abduction and acts of lasciviousness by the valid marriage of the victim and the offender, and in adultery, concubinage, by the express or implied pardon by the offended spouse. 4. Can be validly granted only BEFORE the institution of the criminal action 5. In seduction, abduction and acts of lasciviousness, it benefits the co-principals, accomplices and accessories In adultery and concubinage-must include both offenders 6. Cannot be subject to a condition. Extinction of criminal liability

1. Death of the convict as to personal penalties; but as to pecuniary penlaties, liability is extinguished only whne the death of the offender occurs before final judgment 2. Service of sentence; however it does not extinguish criminal liability 3. Amnesty; completely extinguishes penalty and all its effects 4. Prescription of crime 5. Prescription of penalty 6. Marriage (contracted in good faith) of the offended woman with the offender (rape, seduction, abduction, acts of lasciviousness) Complex crimes (read beda) Actus non facit reum, nisi mens sit rea- the act cannot be criminal unless the mind is criminal What is included in civil liability? 1. Restitution: restitution of the thing itself must be made when possible even when found in the possession of a third person execpt when acquired by such person in any manner and under requirements wc by kaw bar an action for its recovery. 2. Reparation of damages: reparation will be ordered by the court if restitution is not possible by considering amount of damge, price of the thing, special sentimental value); generally applies to crimes against property 3. Indemnification for damages: inlcudes not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.; ordinarily applies to victims of crimes against persons Light felonies and when punishable Light felonies: infractions of law for the commission of wc the penalty of arresto menor or fine NOT EXCEEDING 200 pesos, or both, is provided. Punishable only when they have been consummated EXCEPT if committed against persons or property, in wc case it is punishble even if attempted or frustrated Battered Woman Syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Characteristics: 1. Woman believes that the violenece was her fault 2. She has an inability to place the responsibility for the violence elsewhere 3. She fears for her/her children's life 4. She has an irrational belief that the abuser is omnipresent and ominiscient Treachery absorbs: 1. Craft 2. Abuse of superior strength 3. Nighttime 4. Aid of armed men 5. Cuadrilla (band. Band require AT LEAST 4 persons) 6. Employing means to weaken the defense -treachery cannot co exit with passion or obfuscation Ignominy v cruelty

Ignominy: circumstance pertaining to the moral order, wc adds disgrace and obloquy to the material injury caused by the crime; inherent in libel and acts of lasciviousness Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the commission of the cirminal act; inherent in mutilation and crimes against persons; wounds must be inflicted while victim was still ALIVE When is "relationship" always aggravating? 1. Crimes against persons where the offended party is a relative of : (a) a higher degree than the offender (b) offender and offended party are relatives of the same level 2. In physical injuries: (a) serious physical injuries even if the offended party is a descendant. BUT serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement (b) less serious or slight physical injuries if the offended party is a relative of a higher degree 3. Homicide, Murder even if victim is of a lower degree 4. Rape where a stepfather raped his stepdaughter or father raped his own daughter. 5. Crimes against chastity (e.g. Acts of lasciviousness), relationshio is alwys aggravating regardless of whether the offender is a relative of a higher or lower degree In crimes of parricide, adultery, concubinage-relationship is neither aggravating nor mitigating bec it is inseparable and inherent in the offense When is relationship mitigating? 1. Crimes against property (robbery, usurpation, fraudulent insolvency, arson) 2. Crimes against persons (less serious or slight physical injuries if offended party is a relative of a lower degree) 4 forms of Repetitions 1. Recidivist- a person, on separate occasions, is convicted of 2 offenses embraced in the same title in the RPC; generic aggravating cricumstance 2. Reiteracion or habituality- offender has been previously punished for an offense to wc the law attaches an equal or greater penalty or for 2 crimes to wc it attaches a lighter penlaty; generic aggravating cricumstance 3. Multi-recidivism or habitual delinquency- a person within a period of 10 years from date of release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa, falsification is found guilty of said crimes a third time or oftener; extraordinary aggravating circumstance 4. Quasi-recidivism- a person commits a felony before beginning to serve or while serving sentence in a previous conviction for a felony,