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Crim Law Reviewer(2012)

Crim Law Reviewer(2012)

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Published by rbalarkon

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Published by: rbalarkon on Jun 18, 2012
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06/13/2013

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-
Is meant inaction, the failure to perform a positive duty which one isbound to do.Classification of felonies:1. Intentional
F
elonies
-
The act or omission of the offender is malicious.2. Culpable
F
elonies
-
The act or omission of the offender is not malicious.
-
Unintentional.Imprudence- indicates a deficiency of action.Negligence
-
indicates a deficiency in perception.Requisites of dolo1.
F
REEDOM ± without this, he is no longer a human being but a tool2. INTELLIGENCE ± necessary to determine morality of human acts3. INTENT ± to commit the act with maliceMistake of fact (
ignorantia facti excusat 
)
 
-
Misapprehension of fact on the part of the person who caused injuryto another.Requisites:1. Act done would have been lawful had the facts been accusedbelieved them to be2. Intention should be lawful3. Mistake should be without fault or carelessness on the part of the accused. Actus non facit reum nisi mens sit rea³ the act itself does not make a man guilty unless his intention were so´ Actus me invite factus non est meus actus³an act done by me against my will is not my act´Requisites of culpable
F
aelonies:1.
F
REEDOM ± without this, he is no longer a human being but a tool2. INTELLIGENCE ± necessary to determine morality of human acts3. He is IMPRUDENCE, NEGLIGENCE, LACK O
F
 
F
ORESIGHT ORSKILL while doing the act or omitting to do an the act.
ala in se/ 
ala Prohibita
y
Mala in se ± wrongful in nature; inherently immoral (i.e. rape, theft,murder 
)
 
There must be criminal intent
y
Mala Prohibita ± wrong merely because prohibited by statute;punished by special law (i.e. illegal possession of firearms
)
 
it is sufficient if the prohibited act was intentionallydone
Good faith and absence of criminal intent are notvalid defenses in crimes punished by special lawsMotive and Intent
y
Motive ± moving power which impels one to action for a definite result
Relevant if identity of accused is in dispute
Existence however is not sufficient proof of guilt
y
Intent ± purpose to use a particular means to effect such result
 
 
Art. 4.
Criminal liability.
² Criminal liability shall be incurred:1. By any person committing a felony (
e
lito
) although thewrongful act done be different from that which he intended.2. By any person performing an act which would be an offenseagainst persons or property, were it not for the inherentimpossibility of its accomplishment or an account of theemployment of inadequate or ineffectual means.
l que es causa de la causa es causa de mal causado
± he who is thecause of the cause is the cause of the evil caused.Error in personae-a mistake in the identity of the victim Aberratio ictus- misateke in the blowPraeter intentionem- injuries result in greater than that intended.Requisites of PAR 1:1. Intentional felony has been commmited.2. Wrong done to the aggrieved party be the direct, natural and logicalconsequence of the felony committed by the offender.Proximate cause
²
that cause, which, in natural and continuous sequence, unbrokenby any efficient intervening cause produces the injury, and withoutwhich the result would not have occurredNatural
-
Refers to an occurrence on the ordinary course of human life or eventsLogical
-
Means that there is a rational connection between the act of theaccused and the resulting injury or damage.Impossible Crimes ± commission is indicative of a criminal propensity or tendency on the part of the actor.Requisites of IC1. Act is an offense against persons/property2. With evil intent3. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual.4. Act should not constitute a violation of another provision of the RPC
F
elonies against persons are:a. Parricideb. Murder c. Homicided. Infanticidee. Abortionf. Duelg. Physical Injuriesh. Rape
F
elonies against property:a. Robberyb. Brigandagec. Theftd. Usurpatione. Culpable insolvencyf. Swindling and other deceitsg. Chattel mortgage

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