Art.3 Felonies. Definition

Question 1

What is Article 3 of the RPC?

Answer 1

Article 3. Definitions

Acts and omissions punishable by law are felonies

Felonies are committed not only by means of deceit by also by means of fault.

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.

Question 2

What are the Elements of Felonies?

Answer 2

ELEMENTS OF FELONIES:

1. There must be an act or omission
2. Punishable by law
3. Incurred by means of deceit or fault

Question 3

Define ACTS

Answer 3

Act:
bodily movement producing some effect in the external world; effect need not be accomplished but possibility thereof only

• must be an actual felony
Ex: act of stealing = theft = felony
• External! Internal acts are beyond penal law
Ex: Imagining a murder

Question 4

Give examples of Felonies by Omission?

Answer 4

FELONIES BY OMISSION:

1. Fails to render assistance to person found wounded or in danger of dying (liable for abandonment)
2. Tax officer intently fails to give receipt (illegal extraction)
3. Owing allegiance to PHP and not giving knowledge about possible conspiracies (treason)

Question 5

What are Acts considered to be intentional Felonies?

Answer 5

INTENTIONAL FELONIES:

Act or omission is MALICIOUS in nature: w/ deliberate intent to injure

Question 6

What are acts that are considered culpable felonies?

Answer 6

CULPABLE FELONIES:

act not malicious, unintentional and as an incident without malice.

Results from imprudence (skill) or negligence (foresight)

Question 7

What are Crimes which cannot be done through imprudence?

Answer 7

Murder, Treason, Robbery, and Malicious Mischief

Question 8

3 REASONS WHY ACT/OMISSION MUST BE VOLUNTARY IN NATURE?

Answer 8

1. RPC continues to be based on Classical theory – basis of liability is human free will
2. Assumed man is rational being and that he wouldn’t do otherwise
3. In dolo – intent = voluntary
   In culpa – no intent = imprudence voluntarily = produced injurious results

Question 9

What are the REQUISITES FOR DOLO OR MALICE?

Answer 9

1. FREEDOM – if not free, he is merely a tool. Person acting out of fear or irresistible force exempted from criminal liability.
2. INTELLIGENCE – necessary to determine morality of actions. If none, no crime can exist. The insane or the child cannot be liable for do not know anything.
3. INTENT – to act with malice is presumed to be done intentionally.

Question 10

What is Mistake of FACT?

Answer 10

MISTAKE OF FACT:

misapprehension of fact on part of accused. Not liable, because no criminal intent.

Question 11

Requisites of MISTAKE OF FACT

Answer 11

1. Act done would have been lawful had the facts been as believed so
2. Intention in performing the act was lawful
3. Mistake must be without fault or carelessness

Question 12

Mala In Se and Mala Prohibita

Answer 12

MALA IN SE:

intent governs; acts penalized by RPC

Question 13

MALA IN SE:

Answer 13

By their NATURE, they’re WRONGFUL ACTS.
intent governs; acts penalized by RPC
(Theft, Rape, Homicide)

Question 14

MALA PROHIBITA:

Answer 14

Has law been violated?

Intent not required. PROHIBITED by STATUTE.

Refer to special penal laws.

Question 15

What is MOTIVE?

Answer 15

MOTIVE

moving power impelling one to action for a definite result.
• Not necessary for conviction
• Needed only when there is doubt as to identity of the assailant (to identify the killer)
• Proved through evidence or testimonies (not enough to prove conviction though)

Question 16

What is INTENT?

Answer 16

Purpose to use a means to effect such result.

Question 17

What is IMPRUDENCE?

Answer 17

It is the DEFICIENCY in ACTION.

refers to LACK OF SKILL.

Fails to take necessary Precaution

Question 18

What is NEGLIGENCE?

Answer 18

Is is the DEFICIENCY in PERCEPTION.

refers to the LACK OF FORESIGHT.

Fails to pay PROPER ATTENTION

Question 19

Requisites of Fault to be VOLUNTARY:

Answer 19

1. FREEDOM
2. INTELLIGENCE
3. Is IMPRUDENT or NEGLIGENT.

Question 20

Requisites of Deceit (Dolus) MALICE:

Answer 20

1. Freedom
2. Intelligence
3. INTENT

Question 21

How is MOTIVE proved?

Answer 21

1. By the Testimony of witnesses on the acts OR
2. statements of the accused BEFORE or IMMEDIATELY AFTER the commission of the OFFENSE.
3. By evidence.

Question 22

Is PROOF of MOTIVE sufficient to support CONVICTION?

Answer 22

NO. It is no sufficient to prove GUILT if there is no reliable evidence from which it may be reasonably deduced that accused it the malefactor.

Question 23

LACK OF MOTIVE:

Answer 23

May be an AID in showing innocence of the ACCUSED.