Article 3 Flashcards
Overt act
An EXTERNAL ACT which has a DIRECT CONNECTION with felony intended to be committed
Elements of felonies
1) There is an act or omission
2) punishable by RPC “no crime when there is no law punishing it”; RPC and not by special law
3) performed by means of DOLO or CULPA
Omission
inaction; failure to perform a positive duty which one is bound to do.
There must be a law requiring the performance of an act
Examples of felony by omission
1) Failing to render assistance to any person who is in an uninhabited place wounded or in danger of dying
2) Officer who collects taxes voluntarily fails to issue a receipt as provided by law
3) Person with allegiance to PH who has knowledge of conspiracy against PH govt and not disclosing it to proper authorities
Culpable Felonies
act or omission of offender is without malice
Intentional Felonies
Act or omission of offender is with malice*
Malice = intent to do injury to another
Types of felonies
Intentional
Culpable
Felonies punishable by special laws
Imprudence
ISA
Lack of skill
Deficiency of action
“di nag-iingat”
Negligence
Lack of foresight
Deficiency of perception
NFP
“foreseeable accident if you use common sense”
Requisites of dolo or malice / or voluntary act
1) Freedom
2) Intelligence
3) Intent
How is intent shown? How is criminal intent shown?
By the overt acts of the person
Criminal Intent: presumed in the commission of unlawful act
actus non facit reum, nisi mens sit rea
the act of a person does not make him a criminal, unless his mind be criminal (evil intent)
exemption from presumption of criminal intent
presumption of criminal intent does not arise from the proof of the commission of an act which is LAWFUL
Mistake of fact
misapprehension of fact on the part of the person who caused injury to another
not criminally liable because there was no intent
Requisites of Mistake of Fact as a defense
1) The act done would have been lawful had the facts been as accused believed them to be
2) That the intention of the accused in performing the act should be lawful
3) That the mistake must be without fault or carelessness on the part of the accused
General Intent v.
Particular specific intent
General Intent – felonies committed by dolus
Particular Intent – attendant to particular felonies (i.e. intent to gain, intent to kill, etc)
Requisites for felony by means of culpa or fault
1) Freedom
2) Intelligene
3) Lack of skill, lack of foresight, negligence or imprudence
Mala in se v. Mala Prohibita v. Mala per se
Mala in se - wrongful from their nature (felonies defined in RPC)
Mala prohibita - wrong merely because prohibited by statute (acts made criminal by special laws)
Mala per se - wrong not only because it is prohibited, but also because it violates a fundamental right
Intent to commit the crime v.
Intent to perpetrate the act
Intent to perpetrate the act - it is enough that the prohibited act is done freely and consciously (special law) MALA PROHIBITA
– the act alone is material, not the motives; doing the prohibited act is the crime itself
Intent to commit the crime - there is criminal intent MALA IN SE
Intent
v.
Motive
Intent - purpose to use a particular means to effect such result
Motive - moving power which impels one to action for a definite result
How is motive proved?
Established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense
Evidence
