ART 3

ELEMENTS OF FELONY
1. An act or omission;
2. Punishable by the Revised Penal Code;
3. The act is performed or the omission incurred by means of deceit or fault.

ELEMENTS OF DOLO
1. He must have FREEDOM while doing an act or omitting to do an act;
- a person who acts under the compulsion of an irresistible force is exempt from criminal liability.
2. He must have INTELIIGENCE while doing the act or omitting to do the act;
3. He must have INTENT while doing the act or omitting to do the act.

ELEMENTS OF CULPA
1. Criminal negligence on the part of the offender, that is, the crime was the result of
negligence, reckless imprudence, lack of foresight or lack of skill;
2. Freedom of action on the part of the offender, that is, he was not acting under duress; and
3. Intelligence on the part of the offender in performing the negligent act.

ELEMENTS OF MISTAKE OF FACT

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 is lawful; and
3. That the mistake must be without fault or carelessness on the part of the accused.

ELEMENTS OF PROXIMATE CAUSE

1. The direct, natural, and logical cause;
2. Produces the injury or damage;
3. Unbroken by any efficient intervening cause; and
4. Without which the result would not have occurred

ART.4

Requisites of Art. 4 Par. 1,

“committing a felony although the wrongful act done be different from that which he intended”
1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony
committed by the offender

Meaning of “direct, natural and logical consequence

1. Blow was efficient cause of death;
2. Blow accelerated death; or
3. Blow was proximate cause of death

Requisites of an impossible crime

1. Act performed would be an offense against persons or property;

2. Act was done with evil intent;
3. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual; and
4. Act performed should not constitute a violation of another provision of RPC

ART 6

Elements of Attempted Felony:

 1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce felony;
3. The offenders’s act is not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous
desistance.

Elements of Frustrated Felony

1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. Bu the felony is not produced;
4. By reason of causes independent of the will of the perpetrator.

ART 8

Requisites of conspiracy
1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a felony; and
3. That the execution of the felony be decided upon

Requisites of proposal
1. That a person had decided to commit a felony; and
2. That he proposes its execution to some other person or persons.

ART 11
Requisites of self-defense
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of the person defending himself.

Requisites of defense of relatives:

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. In case the provocation was given by the person attacked, the one making a defense had no part therein.

Requisites of Stranger
1. Unlawful aggression;
2. Reasonable necessity of the means employed to preven or repel it; and
3. The person defending be not induced by revenge, resentment, or other evil motive.

Par 4: Requisites of state of necessity

1. Evil sought to be avoided actually exists;

2. Injury feared be greater than that done to avoid it;
3. There be no other practical and less harmful means of preventing it; and
4. There must be no contribution on the part of the accused what caused the evil to arise.

PAR 5 -- FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE.

ANY PERSON WHO ACTS IN THE FULFILLMENT OF A DUTY OR IN THE LAWFUL EXERCISE OF A RIGHT
OR OFFICE.
Requisites:
1. That the accused acted in the performance of a duty or in the lawful exercise or a right or office;
2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty
or the lawful exercise of such right or office.
 PARAGRAPH 6 - OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE.
ANY PERSON WHO ACTS IN OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR SOME LAWFUL
PURPOSE.
Requisites:
1. That an order has been issued by a superior.
2. That such order must be for some lawful purpose.
3. That the measn used by the subordinate to carry out said order is lawful.

ART 12
PAR 4 - ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT
1. That the act causing the injury be lawful; that is, permitted not only by law but also by regulations;
2. That it be performed with due care;
3. That the injury be caused by mere accident, i.e., by an unforeseen event; and
4. That there be no fault or intention to cause the injury

PAR 5 - ANY PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE.
Elements:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible.
3. That the physical force must come from a third person.

PAR 6 UNCONTROBLLABLE FEAR

1. Existence of an uncontrollable fear;
2. Fear must be real and imminent; and
3. Fear of an injury is greater than or equal to that committed.

PAR 7 PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE

1. An act is required by law to be done;
2. A person fails to perform such act; and
3. Failure to perform such act was due to some lawful or insuperable cause.

ART 13

Requisites of sufficient threat or provocation

1. Provocation must be sufficient;
2. It must originate from the offended party; and
3. It must be immediate to the act.

Requisites of confession of guilt (BAR 1999)

1. The offender voluntarily confessed his guilt;
2. It was made in open court (that is before the competent court that is to try the case); and
3. It was made prior to the presentation of evidence for the prosecution