News Ticker

Menu

Felonies

Art. 3.

Definitions - Acts and omissions punishable by law are felonies
                        (delitos).

Felonies are committed not only be means of deceit (dolo)
but also by means of fault (culpa).

There is deceit when the act  is performed with deliberate intent
and there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.

Felonies – acts and omissions punishable by the Revised Penal Code

Crime – acts and omissions punishable by any law.

Act – an overt or external act

Omission – failure to perform a duty required by law

ELEMENTS OF FELONIES
a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means
   of dolo or culpa

   Dolo - deliberate intent.Must be coupled with freedom of action
              and intelligence on the part of the offender as to the
              act done by him.

   Actus Reus - Physical act

   Mens rea - a guilty mind, a guilty or wrongful purpose or
              criminal intent.
              Gravamen of the offense


   Omission is a. the failure to perform a duty
                       b. required by law.
                       c. It is important that there is a law requiring
                          the performance of an act, if there is no
                          positive duty, there is no liability.

      Examples: Omission
                1. Failure to render assistance
                2. Failure to issue receipt
                3. non disclosure of knowledge of conspiracy
                   against the government.

NULLUM CRIMEN, NULLA POENA SINE LEGE – There is no crime when
there is no law punishing it.

Classification Of Felonies According To The Means By Which They Are Committed:
1. Intentional Felonies- by means of deceit (dolo)
      Requisites:
      a. freedom
      b. intelligence
      c. intent.

      MISTAKE OF FACT – (Ignorantia Facti Excusat)misapprehension
      of fact on the part of the person who caused injury to
      another. He is not criminally liable.
   
         Requisites:
         a. the act done would have been lawful had the facts
            been as the accused believed them to be
         b. intention is lawful
         c. mistake must be without fault or carelessness by
            the accused

            Example:

               People v. Ah Chong (1910)
               A houseboy who stabs his roommate in the dark,
               honestly mistaking the latter to be a robber
               responsible for a series of break-ins in the area,
               and after crying out sufficient warnings and
               believing himself to be under attack, cannot be
               held criminally liable for homicide.


2. Culpable Felonies- by means of fault (culpa)
      Requisites:
      a. freedom
      b. intelligence
      c. negligence (lack of foresight) and imprudence (lack of skill)

Share This:

Post Tags:

Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

No Comment to " Felonies "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM