Article 3. Felonies

Question 1

Acts and omissions punishable by law

Answer 1

Felonies (delitos)

Question 2

Felonies are committed by means of?

Answer 2

Deceit (dolo) & fault (culpa)

Question 3

There is deceit when?

Answer 3

The act was performed with deliberate intent

Question 4

There is fault when?

Answer 4

The wrongful acts performed results from imprudence, negligence, lack of foresight, or lack of skill

Question 5

Two types of Felonies

Answer 5

Culpable & Intentional

Question 6

Intentional Felony
(Elements)

Answer 6

1. Criminal intent on the part of the offender
2. Freedom of action in doing the act
3. Intelligence of the offender

Question 7

Culpable Felony
(Elements)

Answer 7

1. Criminal negligence on the part of the offender
2. Freedom of action in doing the act
3. Intelligence of the offender

Question 8

Criminal Intent

Answer 8

Important element of an intentional felony
1. General criminal intent is presumed by law from the mere doing of the act.
Therefore, it requires no proof.
2. Specific criminal intent is never presumed by law. Specific criminal intent must be proved beyond reasonable doubt, just like any elements of the crime.

Question 9

Mistake of Fact

Answer 9

Misapprehension of facts on
the part of the person who caused injury to another.

Question 10

Mistake of Fact
(Elements)

Answer 10

1. Act done would have been lawful and justifiable had the facts been as the
   accused believed them to be
2. The intention of the offender in performing the act was be lawful
3. That the mistake be without fault, mistake, carelessness, negligence.