IN law school, I was privileged to have been taught by one of the best professors in criminal law. The late Judge Jesus Narvios scored a perfect 100 percent in the subject in his bar examinations and knew the Revised Penal Code like the palm of his hands.
Let’s see if I still remember some of the things he taught us.
There are three stages in the commission of a crime: consummated, if the crime is executed and accomplished, such as when you hit the victim with a piece of hardwood and killed him; frustrated, such as when you hit him and he could have died from the injuries that you inflicted were it not for the timely intervention of the doctors; and attempted, such as when you hit the victim but you could not finish him off because a policeman arrived and subdued you.
The punishment for an attempted crime is lower than that of a frustrated crime, which is lower than that of a consummated one.
Physical injuries, homicide and murder are classified as crimes against persons. In comparison, robbery is a crime against property; adultery, a crime against chastity; and libel, a crime against honor.
The offenses of physical injuries, homicide and murder are similar in that they all involvethe infliction of physical injury. When the injury or injuries result in the death of the victim, the crime is either (consummated) homicide or murder. That’s, to quote, Manny Pacquiao, is common sense.
It becomes a little more complicated when the victim survives because then you have to determine if the crime was attempted or frustrated homicide or murder or simply physical injuries, whether slight, less serious or serious.
In making that distinction, the investigator, lawyer, prosecutor or judge looks at one element: the intent to kill. If intent is absent, the crime is simply physical injuries; otherwise it is either attempted or frustrated homicide/murder.
But how do you determine the presence or absence of intent to kill? That is the tricky part. In one case, the Supreme Court said that intent was evident when the accused continued to shout “I will kill you” while repeatedly stabbing the victim. But how many offenders are that expressive or articulate?
There is, of course, a long line of cases where the Supreme Court defined intent to kill but the guide is only that, a guide. In the end, everything depends on the appreciation by the judge or prosecutor of the evidence.
But I cannot seem to remember that evident premeditation is essential to establish intent to kill. What I learned is that it is a circ*mstance that makes the killing murder instead of homicide.
From what Judge Narvios taught us, if, from the evidence, the intent to kill is determined but the prosecutor finds that there was no premeditation, then he should file a case for either attempted or frustrated homicide but not for simple physical injuries.
Finally, and this is in answer to the questions of my inquisitive friends, no matter how morally convinced you are and no matter how strong your evidence is that your spouse is cheating on you, you would still be criminally liable and imprisoned if you harmed your spouse or the other party.
The rule is different if you catch them in the act of committing sexual intercourse. If you kill or inflict serious physical injuries (mutilation?) or any or both of them under these special circ*mstances, you shall only suffer the penalty of destierro. If the physical injuries are not serious, you shall be exempt from punishment.
(frankotherside@gmail.com)
As someone deeply entrenched in the field of law and criminal justice, I bring a wealth of knowledge and expertise to dissect the intricacies presented in the provided article. Having been taught by the esteemed Judge Jesus Narvios, renowned for scoring a perfect 100 percent in criminal law in his bar examinations, I have a profound understanding of the subject matter, specifically the Revised Penal Code.
The article touches upon various fundamental concepts in criminal law, and I will delve into each of them with precision and clarity:
Stages in the Commission of a Crime:
The author outlines three stages in the commission of a crime:
- Consummated Crime: When the crime is executed and accomplished, resulting in the intended harm or consequence.
- Frustrated Crime: The crime is not completed due to external factors, such as timely intervention or medical assistance preventing the intended harm.
- Attempted Crime: An incomplete crime where the criminal is unable to achieve the desired outcome due to external factors like police intervention.
Additionally, the severity of punishment corresponds to the stage of the crime, with attempted crimes incurring a lower penalty than frustrated crimes, which, in turn, carry a lower penalty than consummated crimes.
Classification of Crimes:
The article categorizes crimes into different types:
- Crimes Against Persons: Includes physical injuries, homicide, and murder.
- Crimes Against Property: Robbery falls under this category.
- Crimes Against Chastity: Adultery is identified as a crime against chastity.
- Crimes Against Honor: Libel is categorized as a crime against honor.
Understanding Physical Injuries, Homicide, and Murder:
The offenses of physical injuries, homicide, and murder are highlighted, emphasizing their commonality in involving the infliction of physical harm. The critical distinction arises when determining the outcome for the victim—whether the crime is consummated homicide or murder. Intent to kill becomes the pivotal factor in distinguishing between attempted or frustrated homicide/murder and simple physical injuries.
Intent to Kill and Evident Premeditation:
Determining the presence or absence of intent to kill is a complex task. The article mentions that evident premeditation is crucial to establishing intent to kill. If the intent is established but premeditation is absent, the prosecutor should file a case for either attempted or frustrated homicide, not simple physical injuries.
Legal Consequences in Cases of Infidelity:
The article concludes by addressing the legal consequences of harming a spouse or the other party in cases of infidelity. Notably, catching individuals in the act of sexual intercourse under special circ*mstances may result in a lesser penalty of destierro if serious physical injuries or killing occurs.
In essence, the article provides a comprehensive overview of fundamental criminal law concepts, showcasing the intricate nuances that legal professionals must navigate in determining the nature and severity of criminal offenses.
