Law School BuddyWhen the Resulting Harm is Greater than Means Employed by the Offender “Praeter intentionem” is defined as having an injurious result that is greater than that intended. The Revised Penal Code describes it as no intention to commit so grave a wrong. In People vs. Ural, praeter intentionem is a mitigating circumstance “that the offender had no […]
Can A Wrongful Act Done Differently From That Which is Intended Incur Criminal Liability? In “aberratio ictus” or mistake in the blow, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim are both at the […]
When does a Mistake in Identity Become a Criminal Liability? “Error in personae” or mistake in identity is injuring one person who is mistaken for another. The intended victim is not at the scene of the crime. It is the actual victim upon whom the blow was directed, but he is not really the intended […]
Is There Criminal Liability for Ignorance or Mistake of Fact? The legal maxim, “Actus non facit reum nisi mens sit rea,” aptly justifies that the act itself does not make man guilty unless his intention were so. In the absence of malice (criminal intent), negligence, and imprudence, does not impose any criminal liability on the […]
This case is whether or not abandonment by a spouse, by itself, warrants a finding of psychological incapacity within the contemplation of the Family Code, that leads to nullity of marriage. The court ruled in the negative. “It must be shown that such abandonment is a manifestation of a disordered personality which makes the spouse […]
This case was originally commenced by a distraught wife against her uncaring husband, which decreed the annulment of the marriage on the ground of psychological incapacity. Refusal of husband to have sex was interpreted to be psychological incapacity. A man who can but won’t is psychologically incapacitated. “Love is useless unless it is shared with […]