CRIMINAL LIABILITIES AND FELONIES Flashcards
Are acts or omissions punishable by the RPC.
Felonies
Both dolo and culpa have to be
voluntary.
? means inaction; the failure to perform a positive duty which one is bound. There must be a ?.
An omission; law requiring the doing or performance of a duty
Elements of felonies?
An act or omission;
Punishable by the Revised Penal Code;
The act is performed or the omission incurred by means of deceit or fault
committed with criminal intent
Intentional felonies(Dolo)
where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill
Negligent felonies(Culpa)
Has intention to cause a wrong.
Intentional felonies(Dolo)
With deliberate intent.
Intentional felonies(Dolo)
Not malicious
Negligent felonies(Culpa)
Injury caused is unintentional, it being an incident of another act performed without malice.
Negligent felonies(Culpa)
Wrongful act results from imprudence, negligence, lack of foresight or lack of skill.
Negligent felonies(Culpa)
Has intention to cause a wrong.
Intentional felonies(Dolo)
Requisites of dolo
Criminal intent; Intelligence; Freedom of action
If there is NO criminal intent, the act is justified. Offender incurs?
NO criminal liability.
voluntariness on the part of the person to commit the act or omission.
Freedom of action
If there is lack of freedom, the offender is?
exempt from liability.
means the capacity to know and understand the consequences of one’s act.
Intelligence
If there is lack of intelligence,
the offender is exempt from liability.
Requisites of culpa
Criminal negligence; Freedom of action; Intelligence
on the part of the offender, that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill;
Criminal negligence
on the part of the offender, that is, he was not acting under duress; and
Freedom of action
on the part of the offender in performing the negligent act.
Intelligence
deficiency in perception or lack of foresight, or failure to pay proper attention and to use due diligence in foreseeing injury or damage to be caused.
Negligence
deficiency in action or lack of skill, or failure to take necessary precaution to avoid injury to another. It usually involves lack of skill.
Imprudence
In negligence, there is deficiency of
perception,
while in imprudence, there is deficiency
action.
What are the crimes which cannot be committed through culpa (negligence or imprudence)
- Murder
- Treason
- Robbery
- Malicious mischief
Referred to as the gravamen of the offense
Mens rea
In theft, the mens rea is the
taking of property belonging to another with intent to gain
In falsification, the mens rea is
the commission of forgery with intent to pervert the truth.
In robbery, the mens rea is the
taking of property belonging to another coupled with the employment of intimidation or violence upon persons or things.
the use of a particular means to effect the desired result
Intent
Criminal intent is always
presumed to exist from the commission of an unlawful act
A crime may be committed without criminal intent if such is:
A negligent felony, wherein intent is substituted by negligence or imprudence;
A malum prohibitum.
It is the moving power or force which impels a person to a desired result.
Motive
Motive as determinant of
criminal liability
Good faith is not a defense to the prosecution of a
malum prohibitia
Classifications of felonies according to their gravity
Grave; Less grave; Light
those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the RPC
Grave
those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the RPC
Less grave
those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided
Light
Light felonies are punishable only when they are
consummated.
Only the ?and their ? are made liable for the commission of light felonies.
principals ; accomplices
? are not liable for the commission of light felonies.
Accessories
Slight physical injuries; felony class?
Light
Theft (when the value of thing stolen is less than 5 pesos and theft is committed under the circumstances enumerated under RPC, Art. 308, par.3);felony class?
Light
Alteration of boundary marks; felony class?
Light
Malicious mischief: felony class?
Light
If one assists in the escape of another who committed Alarms and Scandals, is he liable under RPC
No but liable to other law.
Committing a felony although the wrongful act done be different from that which he intended
Criminal liability
Performing an act which would be an offense against persons or property, were it not for the inherent impossibilityof its accomplishment or on account of the employment of inadequate or ineffectual means
Criminal liability
Requisites of Art. 4 Par. 1, “committing a felony although the wrongful act done be different from that which he intended” where greater injury results
- That an intentional felony has been committed; and
- That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender
Blow was efficient cause of death;
Meaning of “direct, natural and logical consequence”
Blow accelerated death; or
Meaning of “direct, natural and logical consequence”
Blow was proximate cause of death.
Meaning of “direct, natural and logical consequence”
Mistake in identity (error in personae)–
The offender intends the injury on one person but the harm fell on another.
Mistake in identity there are only
two persons involved
A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. In aberratio ictus, the intended victim and the actual victim are both at the scene of the crime
Mistake in blow (aberratio ictus)
A, shot at B, but because of lack of precision, hit C instead; Mistake in?
Mistake in blow
A, wanting to kill B, killed C instead; Mistake in?
Mistake in identity
There are ? persons involved: Mistake in blow
three
A, without intent to kill, struck the victim on the back, causing the victim to fall down and hit his head on the pavement
Praeter intentionem; Injurious consequences are greater than that intended
A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else.
ABERRATIO ICTUS; Mistake in blow
The victim actually received the blow, but he was mistaken for another who was not at the scene of the crime.
ERROR IN PERSONAE; Mistake in identity
the misapprehension of facts on the part of the person who caused injury to another.
Mistake of fact
Mistake of fact is a defense only in
intentional felonies.
Requisites of mistake of fact
- That the act done would have been lawful had the facts been as the accused believed them to be;
- That the intention of the accused in performing the act is lawful; and
- That the mistake must be without fault or carelessness on the part of the accused.
that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred
Proximate cause
Requisites of proximate cause
- The direct, natural, and logical cause;
- Produces the injury or damage;
- Unbroken by any efficient intervening cause; and
- Without which the result would not have occurred
It is an intervening active force which is a distinct act or fact absolutely foreign from the felonious act of the accused.
Efficient intervening cause
The weak physical condition of the victim
Circumstances which are considered as inefficient intervening causes
The nervousness or temperament of the victim
Circumstances which are considered as inefficient intervening causes
Causes which are inherent in the victim, such as the victim’s inability to swim
Circumstances which are considered as inefficient intervening causes
Refusal of the injured party to be subjected to medical attendance
Circumstances which are considered as inefficient intervening causes
Erroneous or unskillful medical treatment
Circumstances which are considered as inefficient intervening causes
Act performed would be an offense against persons or property;
Requisites of an impossible crime
Is kidnapping an impossible crime?
No. Kidnapping is a crime against personal security and not against person or property, thus there can be no impossible crime of kidnapping
Act was done with evil intent;
Requisites of an impossible crime
Accomplishment is inherently impossible or means employed is either inadequate or ineffectual; and
Requisites of an impossible crime
Act performed should not constitute a violation of another provision of RPC
Requisites of an impossible crime
A man stabbing another who he knew was already dead, is he liable?
The offender must believe that he can consummate the intended crime. A man stabbing another who he knew was already dead cannot be liable for an impossible crime.
that under any and all circumstances, the crime could not have materialized.
Inherent impossibility
occurs where the intended acts, even if completed would not amount to a crime. (E.g. killing a dead person.)
Legal impossibility–
occurs where extraneous circumstances unknown to the accused prevent the consummation of the intended crime. (E.g. pick pocketing an empty
Physical impossibility–
It is a principle of criminal law that the offender will only be penalized for an impossible crime if he
cannot be punished under some other provision of the RPC.
There is therefore no ? or ? in impossible crime.
attempted or frustrated
In ? Intent of the offender cannot be accomplished.
IMpossible Crime
Intent cannot be accomplished because it is inherently
impossible to accomplish or because the means employed by the offender is inadequate or ineffectual.
