Felonies
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)
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)
Comments
Post a Comment
Post Any Question Or Correction