Article 3: Felonies

Question 1

Elements of intentional felonies

Answer 1

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

Question 2

Elements of culpable felonies

Answer 2

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

Question 3

Distinguish general criminal intent from specific criminal intent

Answer 3

General criminal intent is presumed by law from the mere doing of the act. Therefore, it requires no proof. Whereas specific criminal intent is never presumed by law. It needs to be proven by the prosecution beyond reasonable doubt.

Question 4

What is motive

Answer 4

Motive is the moving power which impels a person to do an act to achieve the desired result. As a general rule, motive is not material to determine the criminal liability of the accused

Question 5

When is motive material

Answer 5

1. When the act of the offender will result to variant crimes;
2. When there is doubt on the identity of the offender; and
3. When the prosecution has only circumstantial evidence to prove the guilt of the offender

Question 6

What is mistake of fact

Answer 6

It is the misapprehension of facts on the part of the person who caused injury to another. It can absolve the offender from liability.

Question 7

Elements of mistake of fact

Answer 7

1. That the 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 must be lawful;
3. The mistake must be without fault, negligence, and carelessness on the part of the offender