Title I - Felonies and Circumstances which Affect Criminal Liability, Chapter 1. Felonies (Art. 3-10)

Question 1

What are felonies?

Answer 1

Article 3 (1) states that acts and omissions punishable by law are felonies.

Felonies are acts and omissions punishable by the RPC.

Question 2

How are felonies committed?

Answer 2

Article 3 (2) provides that felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

Question 3

When is there deceit or fault?

Answer 3

Article 3 (3) provides that there is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results form imprudence, negligence, lack of foresight, or lack of skill.

Question 4

What are the elements of felonies?

Answer 4

The elements of felonies are the following:

1. That there must be an act or omission.
2. That the act or omission must be punishable by the RPC.
3. That the act is performed or the omission incurred by means of dolo or culpa.

Question 5

What are the two (2) classifications of felonies?

Answer 5

The two (2) classifications of felonies are:

1. Intentional felonies - the act or omission of the offender is malicious i.e. has the intention to cause an injury to another.
2. Culpable felonies - the act or omission of the offender is not malicious i.e. unintentional, it being simply the incident of another act performed without malice.

Question 6

What are the requisites of dolo or malice?

Answer 6

The requisites of dolo or malice are:

1. Freedom
2. Intelligence
3. Intent

Question 7

What are the requisites of fault or culpa?

Answer 7

The requisites of culpable felony are:

1. Freedom
2. Intelligence
3. Negligence or Imprudence

Question 8

Who shall incur criminal liability?

Answer 8

Article 4 provides that criminal liability shall be incurred:

(1) by any person committing a felony although the wrongful act done be different from that which he intended.
(2) by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Question 9

What are the requisites of criminal liability under paragraph 1 of article 4?

Answer 9

The requisites of criminal liability under paragraph 1 of article 4 are the following:

1. An intentional felony has been committed.
2. The wrong done to the aggrieved party is the direct, natural and logical consequence of the felony committed by the offender.

Question 10

What are the requisites of an impossible crimes?

Answer 10

The requisites of impossible crimes are:

1. Act performed would be an offense against persons or property.
2. Act was done with evil intent.
3. Accomplishment of the act is inherently impossible or that the means employed is either inadequate or ineffectual.
4. Act should not constitute a violation of another provision of the RPC.

Question 11

What is proximate cause?

Answer 11

Proximate cause is 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.

Question 12

When is it not a proximate cause?

Answer 12

1. There is an active force that intervened, and the active force is a distinct act or fact absolutely foreign from the felonious act.
2. Resulting injury is due to the intentional act of the victim.

Question 13

Situations when the wrongful act done is different from what is intended.

Answer 13

1. Mistake in the identity
2. Mistake in the blow
3. The injurious result is greater than that intended.

Question 14

What are the requisites of mistake of fact as a defense?

Answer 14

The following are the requisites of mistake of fact as a defense:

1. That the act done would have been lawful had the facts been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful; and
3. That the mistake must be without fault or carelessness on the part of the accused.