Art. 3 What is a felony?

Question 1

What is a felony?

Answer 1

Act/ omission punishable by penal laws

Question 2

Two ways of committing a felony

Answer 2

1. ) Dolo- malice

2. ) Culpa- fault

Question 3

When does one commit dolo?

Answer 3

Act is performed by deliberate intent

Question 4

When does one commit culpa?

Answer 4

Wrongful act is a result of negligence, imprudence, lack of foresight, lack of skill

Question 5

Requisites of committing a felony

Answer 5

1. ) Produced in the external world
2. ) Voluntary
3. ) Punishable by (penal) law

Question 6

Dolo is voluntary when there is:

Answer 6

1. ) Freedom of will
2. ) Intelligence
3. ) Deliberate intent

Question 7

Deliberate intent can be disproved by _______.

Answer 7

Mistake of fact

Question 8

Requisites for mistake of fact to disprove CL

Answer 8

1. ) Facts must be lawful if they were as the accused believed them to be
2. ) Intent was lawful
3. ) No carelessness/ fault in the mistake from the part of the accused

Question 9

Exception to the exception of mistake of fact

Answer 9

1. ) Done in bad faith

2. ) Done with negligence

Question 10

Requisites for culpa:

Answer 10

1. ) Freedom of will
2. ) Intelligence
3. ) Negligence, imprudence, lack of skill, lack of foresight

Question 11

Acts/ omissions are not voluntary when they fall under ___________.

Answer 11

Art. 12. Circumstances which exempt from criminal liability.

Question 12

There is no intelligence when:

Answer 12

Art. 12, para 1: Imbecile or an insane person (not in lucid intervals)
15-below 18

Question 13

There is no freedom of will when:

Answer 13

Art. 12, para 5: Any person who acts in compulsion of an irresistible force
Art. 12, para 6: Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury

Question 14

There is no criminal liability for overt acts when done in ____.

Answer 14

Art. 11, para 1: “in defense of his persons or rights”

Question 15

How is criminal intent established?

Answer 15

Criminal intent is presumed from the commission of an unlawful act.

Overt act/ means employed

Question 16

What is motive?

Answer 16

Motive is the moving power which impels one to action for a definitive result.

Question 17

What is the intent?

Answer 17

Intent is the purpose to use a particular means to effect results desired.

Question 18

When is motive relevant?

Answer 18

1. ) When the identity of a person accused of having committed a crime is in dispute.
2. ) When there is doubt as to the identity of the assailant/
3. ) In ascertaining the truth between two antagonistic theories or versions of the killing.
4. ) Where the identification of the accused person proceeds from an unreliable source, and the testimony is inconclusive and not free from doubt.
5. ) When there is no eyewitnesses to the crime, when suspicion is likely to fall upon an number of persons.
6. ) In direct assaults, when the person in authority or his agent who is attacked or seriously intimidated is not the the actual performance of his actual duty.
7. ) If the evidence is merely circumstantial.

Question 19

How is motive established?

Answer 19

Testimonies of the witnesses/ statements made by the accused prior to the commission of the crime.

Question 20

General intent vs special intent

Answer 20

General intent is established by the overt act/ means employed. It is presumed.

Special intent must be proven beyond reasonable doubt by the prosecution.

Question 21

Mala in se

Answer 21

Crime is inherently evil. Intention is criminal, person is the menace. Has stages of commission. Governs most of the crimes enumerated in the RPC.

REQUIRES CRIMINAL INTENT

Question 22

Mala prohibita

Answer 22

Evil by law. Intentional act is the crime. Punishable only when consummated.

DOES NOT REQUIRE CRIMINAL INTENT