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)
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)
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I'm Bigwas. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
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