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
on account of the employment of inadequate or ineffectual means.
IMPORTANT WORDS AND PHRASES IN PARAGRAPH 1 OF ART. 4.
1. "Committing a felony"
–not merely performing an act but "committing a felony,"
–the felony should be committed by means of DOLO and not by CULPA
2. "Although the wrongful act done be different from that which he intended."
error in personae aberratio ictus praeter intentionem
mistake in the identity of when the offender intending the act exceeds the intent,
the victim to do an injury to one that is, the injurious
person actually inflicts it result is greater than that
on another intended
Mitigating because under Offender commits a An ordinary mitigating
Art. 49, whichever carries a complex crime* unless one circumstance under Art 13
lesser penalty between the of the resulting crimes is par 3, but can be set off by
crime intended vs. crime punishable under a special an aggravating circ.
actually committed shall be law. To be mitigating, there
applied, BUT in the If the two resulting felonies must be a sparse disparity
maximum period. are grave or less grave, a between the means
Art.49 applies only when complex crime results but if employed and the resulting
there is mistake in one is light and the other is felony and that the felony
identity. grave, the 2 felonies does not result from the
committed may be subject means employed.
to 2 separate prosecutions
Thus, one who stabbed another Thus, one who fired his gun at Thus, where the death of the 6
in the dark, believing that the B, but missed and hit C year-old victim was brought
latter was E, when in fact he instead, is liable for the injury about by the rape committed
was G, is liable for the injury caused to C, although the one by the accused, it is of no
caused to G, although the one who fired the gun had no moment that she died by
who stabbed him had no intention to injure C. accident when she hit her head
intention to injure G. on the pavement while
*results when a struggling, because, having
single act would amount performed an act constituting
to two felonies: one
a felony, he is responsible for
against the person to
whom the blow was all the consequences of said
intended; and against the act, regardless of his intention.
person actually hit. (People vs. Mario Mariano, 75 O.G. 4802,
No. 24, June11, 1979)
 - Requisites of Par 1, Art 4:
1. An intentional felony has been committed
- No felony is committed (1) when the act or omission is not
punishable by the Revised Penal Code, or (2) when the act is covered
by any of the justifying circumstances enumerated in Art. 11**
**Acts done another in: 1) self-defense, 2) defense of relative,3) defense
of a stranger, 4) in order to avoid an evil or injury, or 5) in the fulfillment of
duty is not committing a felony, the act being justified. (Art. 11, Revised Penal
Code)

2. The wrong done be a direct, natural and logical consequence of the

felony committed
- 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.
- The rationale of the rule in Article 4 is found in the doctrine that "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). (People vs. Ural, No.
L-30801, March 27, 1974, 56 SCRA 138, 144) (praeter intentionem)

Notes:
-First, determine if there is DOLO, only then can intentional felony, which is the
subject of Article 4, be established.
-If there’s not deceit of malice, the act done is not covered by this article.

- Any person who creates in another's mind an immediate sense of danger,

which causes the latter to do something resulting in the latter's injuries, is
liable for the resulting injuries.
- Wrong done must be the direct, natural and logical consequence of felonious
act.
Blow was efficient cause of death
Blow accelerated death
Blow was ***PROXIMATE CAUSE of death
*** Proximate cause is "that 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."
(Bataclan vs. Medina, 102 Phil. 181, 186, quoting 38 Am. Jur. 695)

IMPOSSIBLE CRIMES, Par. 2 Art 4

Requisites
1. Act performed is against persons or property
2. Act was done with criminal or evil intent
3. Its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual
4. Act should not constitute a violation of another provision of the RPC