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MALA PROHIBITA
Wrong because of prohibition by law
Generally refers to criminal Special Laws
8. Criminal Intent
Criminal intent is presumed from the commission of an unlawful act.
Criminal intent and will to commit a crime are always presumed to exist unless the contrary shall appear.
(U.S. vs. Apostol, 14 Phil. 92, 93)
But the presumption of criminal intent does not arise from the proof of the commission of an act which is
not unlawful.
9. Motive
Motive the moving power which impels one to action for definite result. Motive is not an essential of a
crime, and need not be proved for purposes of conviction.
10. How is criminal liability incurred?
11. DEFINE: Praiter intentionem, Impossible crimes
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.
Praeter Intentionem injurious result is greater (requires 2 persons) than that intended
Any person who creates in anothers mind an immediate sense of danger which causes the latter to do
something resulting in the latters injuries, is liable for the resulting injuries. The felony committed must be
the proximate cause of the resulting injury.
Impossible crimes [Article 4(2)], requisites:
1. The act performed would be offense against persons or property;
2. The act was done with evil intent;
3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual;
4. That the act performed should not constitute a violation of another provision of the Revised Penal Code.
13. Stages of commission of felony. Define and state examples
Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over acts,
and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than this own spontaneous desistance.