Felonies

Question 1

Art. 3 of the Revised Penal Code

Answer 1

Art. 3 Definition. - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa)

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Question 2

What are felonies?

Answer 2

Felonies are acts and omissions punishable by law.

Question 3

What are the two ways in which felonies are committed?

Answer 3

Felonies are committed either by means of dolo or by means of culpa.

Question 4

When is there deceit?

Answer 4

There is deceit when the act is performed with deliberate intent.

Question 5

When is there culpa or fault?

Answer 5

There is fault or culpa when the wrongful act results from imprudence, negligence, lack of foresigh, or lack of skill.

Question 6

What are the elements of a felony?

Answer 6

The elements of felonies are:

1. There must be an act or omission
2. The act or omission must be punishable by the Revised Penal Code
3. That the act is performed or the omission incurred by means of dolo or culpa.

Question 7

What is an act?

Answer 7

An act is any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.

Question 8

Is it necessary for the act the create an effect in the external world?

Answer 8

No, the effect in the external world is not necessary to be produced, for the possibility of its production is sufficient to constitute a crime.

Question 9

Can the malicious thoughts of a man be punished by the law?

Answer 9

No, the malicious thought of a man cannot be punished by the law. A criminal act, by definition, is an external act tending to produce some effect in the external world. Internal thoughts cannot tend to produce an effect in the external world. Thus, thoughts cannot be punishable by law.

Question 10

What is the meaning of the word “omission?”

Answer 10

The word “omission” contemplated in Art 3 of the RPC means the failure to perform a positive duty which one is bound to. For an omission to occur, there must be a law requiring the performance of an act.

Question 11

What is the general principle in the application of criminal law?

Answer 11

Nullum crimen, nulla poena sine lege. There is no crime where there is no law punishing it.

Question 12

What does imprudence indicate?

Answer 12

Imprudence indicates a deficiency in action; lack of skill

Question 13

What does negligence indicate?

Answer 13

Negligence indicates a deficiency in perception; lack of foresight

Question 14

Why is man being punished for negligence?

Answer 14

Man is being punished for negligence for the reason that man must use common sense, and exercise due reflection inn his acts. It his duty to be cautious, careful and prudent, if not from instinct but through fear of punishment.

Question 15

What is malice? (as defined in the case of Manuel v People)

Answer 15

Malice is a mental state or condition prompting the doing of an overt act without legal excuse or justification from which another suffers injury.

Question 16

Actus non facit reum, nisi mens sit rea

Answer 16

A crime is not committed if the mind of the person performing the act complained is be innocent.

Question 17

When does presumption of criminal intent arise?

Answer 17

Presumption of criminal intent arises when there is proof of the commission of a criminal act. The burden to proof now rests on the accused, to prove that he or she did not have intent to commit the crime.

Question 18

What is the general rule for the presumption of criminal intent?

Answer 18

The general rule for the presumption of criminal intent is if it is proved that the accused committed the criminal act charged, it will be presumed that the act was done with criminal intention and that it is for the accused to rebut the presumption.

Question 19

Article 3 New Civil Code

Answer 19

Art. 3 NCC. Ignorance of the law excuses no one from compliance therewith.

Question 20

Ignorantia legis neminem excusat

Answer 20

Ignorance of the law excuses no one from compliance therewith.

Question 21

Sec. 12 Art. II 1987 Constitution

Answer 21

Sec. 12 Art. II CONST. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive support of the Government.