Article 3

Question 0

Overt act

Answer 0

An EXTERNAL ACT which has a DIRECT CONNECTION with felony intended to be committed

Question 1

Elements of felonies

Answer 1

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

Question 2

Omission

Answer 2

inaction; failure to perform a positive duty which one is bound to do.

There must be a law requiring the performance of an act

Question 3

Examples of felony by omission

Answer 3

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

Question 4

Culpable Felonies

Answer 4

act or omission of offender is without malice

Question 5

Intentional Felonies

Answer 5

Act or omission of offender is with malice*

Malice = intent to do injury to another

Question 6

Types of felonies

Answer 6

Intentional
Culpable
Felonies punishable by special laws

Question 7

Imprudence

Answer 7

ISA

Lack of skill
Deficiency of action

“di nag-iingat”

Question 8

Negligence

Answer 8

Lack of foresight
Deficiency of perception

NFP
“foreseeable accident if you use common sense”

Question 9

Requisites of dolo or malice / or voluntary act

Answer 9

1) Freedom
2) Intelligence
3) Intent

Question 10

How is intent shown? How is criminal intent shown?

Answer 10

By the overt acts of the person

Criminal Intent: presumed in the commission of unlawful act

Question 11

actus non facit reum, nisi mens sit rea

Answer 11

the act of a person does not make him a criminal, unless his mind be criminal (evil intent)

Question 12

exemption from presumption of criminal intent

Answer 12

presumption of criminal intent does not arise from the proof of the commission of an act which is LAWFUL

Question 13

Mistake of fact

Answer 13

misapprehension of fact on the part of the person who caused injury to another

not criminally liable because there was no intent

Question 14

Requisites of Mistake of Fact as a defense

Answer 14

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

Question 15

General Intent v.

Particular specific intent

Answer 15

General Intent – felonies committed by dolus

Particular Intent – attendant to particular felonies (i.e. intent to gain, intent to kill, etc)

Question 16

Requisites for felony by means of culpa or fault

Answer 16

1) Freedom
2) Intelligene
3) Lack of skill, lack of foresight, negligence or imprudence

Question 17

Mala in se
v.
Mala Prohibita
v.
Mala per se

Answer 17

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

Question 18

Intent to commit the crime v.

Intent to perpetrate the act

Answer 18

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

Question 19

Intent
v.
Motive

Answer 19

Intent - purpose to use a particular means to effect such result

Motive - moving power which impels one to action for a definite result

Question 21

How is motive proved?

Answer 21

Established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense

Evidence