CRIMINAL LAW 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.
Law refers to the Revised Penal Code.

Deceit is a very poor translation of the Spanish word “dolo”; REPLACE IT WITH
MALICE

CULPA means fault

Elements of felonies

1. Act or omission

1. Act

1. Any physical movement tending to produce some effect, not necessarily successful

2. only external acts are punishable

WHAT IS PUNISHED UNDER CRIMINAL LAW ARE OVERT ACTS- Something that
has an effect/shows causality

Elements of OVERT ACTS

1. Freedom

2. Intelligence

3. intent

PRESENCE OF THE THREE CONSTITUTES INTENTIONAL FELONY.

2. Omission

1. Failure to do/perform a duty one is bound to do/when there is law requiring it

examples:

Article 275 (1). Abandonment of persons in danger

Article 213 (2) (b) Illegal exaction

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Article 116 Misprisio of treason

2. The act or omission should be punishable by the RPC

Nullum crimen, nulla poena sine lege

Felony - punishable by the RPC

Crime/offense - punishable by special laws (Article 10)

3. Act/omission is performed by means of dolo or culpa

FORMULA ON FELONIES

FELONY Classification

ACT +RPC+DELIBERATE INTENT DOLO ART 114-364 (exceptions below)

ACT + RPC+ NEGLIGENCE CULPA ART 365- RECKLESS IMPRUDENCE

ART 217 - MALVERSATION

ART 224 EVASION THROUGH

NEGLIGENCE

OMISSION+RPC+DELIBERATE INTENT DOLO ART 116- MISPRICION OF TREASON

ART 213 (2) (B)ILLEGAL EXACTION

ART 275 ABANDONMENT OF PERSONS

IN DANGER

OMISSION + RPC + NEGLIGENCE CULPA NONE DEFINED UNDER RPC

Classification of felonies

1. Intentional (deceit)

1. The offender is malicious/has acted with malice;

Dolus is equivalent to malice, which the intent to do an injury to another.

The offender acts with malice in performing/omitting an act with the intent to cause
injury to person, property, or right of another

There are crimes which cannot be committed through imprudence or negligence such
as murder, treason, robbery, and malicious mischief.

2. With deliberate intent; and

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3. Has the intention to cause an injury.

2. Culpable (fault)

1. The offender is not malicious/has acted without malice;

2. Wrong is out of imprudence, negligence, lack of foresight, lack of skill; and

A person who causes an injury, without intention to cause an evil may be held liable

Imprudence indicates deficiency in action, goes with lack of skill.

Negligence indicates deficiency in perception, goes with lack of foresight

3. No intent to cause injury.

Regardless if the act is committed by means of dolo or culpa, the act is VOLUNTARY.

1. CLASSICAL THEORY — the basis of criminal liability is free will

2. MAN IS A RATIONAL BEING. This has to be proven otherwise to fall under Art. 12

3. Deliberate intent is voluntary, as well as the imprudence in culpable felonies although

the latter has no malice.

REQUISITES OF DOLO

1. Freedom — If the offender did not freely execute the act, he shall be exempt from criminal
liability (Art 12 par. 5 and 6) LACK OF FREEDOM IS NOT CRIMINALLY LIABLE.

MAXIM: “AN ACT AGAINST MY WILL IS NOT MY ACT.”

2. Intelligence— necessary to determine morality of human acts. No intelligence, no crime.

(Art. 12 par. 1, 2, and 3)

MISSING INTELLIGENCE, NO LIABILITY.

3. Intent — being purely a mental process, this is presumed based on the proof of the
commission of an unlawful act. The existence of intent is shown by the overt acts of a
person.

VIRTUE OF SELF DEFENSE. SEE ARTICLE 11 (JUSTIFYING CIRCUMSTANCES.

CRIMINAL INTENT is presume from the commission of an unlawful act. But the
presumption of criminal intent does not arise from the proof of the commission of an act
which is not unlawful.
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Where the facts proven are accompanied by other facts which show that the
act complained of was not unlawful, the presumption of criminal intent
does not arise.

VOLUNTARY ACT IS GENERAL INTENT.

GENERAL INTENT=MENS REA= CRIMINAL MIND

IN SOME FELONIES, SPECIFIC INTENT IS REQUIRED.

EXAMPLE: HOMICIDE - INTENT TO KILL

THEFT, ROBBERY - INTENT TO GAIN

REQUISITES FOR CULPABLE FELONIES

1. FREEDOM

2. INTELLIGENCE

3. IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT/SKILL

NOTE:

1. Mistake in the identity of the victim is NOT RECKLESS IMPRUDENCE.

MISTAKE OF FACT

General rule: when the accused performs an act which the rpc punishes, criminal intent is
presumed.

Exception: mistake of fact

Xpn to xpn: when mistake of act is coupled with negligence or bad faith

Ignorance of the law excuses no one, but ignorance of fact RELIEVES criminal liability
(Ignorantia facti excusat).

MISTAKE OF FACT- is a misapprehension of fact on the part of the person who caused
injury to another.

“An honest mistake of fact destroys the presumption of criminal intent which
arises upon the commission of a felonious act.”

REQUISITES:
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1. The act would be lawful if the facts the offender had known were true.

2. Intention in the act is lawful.

3. Mistake should not borne from carelessness/negligence.

1. In People v. Oanis, they were at fault by shooting the vicitim contrary to

instructions and without verifying his identity;

2. Error in personae does not apply. Lack of intent to kill the deceased
because his intention was to kill another does not extinguish criminal
liability;

MAXIMS:

Actus non facit reum nisi mens sit rea, "the act itself does not make a man guilty
unless his intention were so."

Actus me invito factus non est meus actus, "an act done by me against my will is
not my act."

UNDER SPECIAL LAWS

1. Dolo is NOT REQUIRED.

1. INTENT TO COMMIT THE CRIME - criminal intent

2. INTENT TO PERPETRATE THE ACT - it is enough that a prohibited act is done

freely and consciously.

Application:

Mala in Se - criminal intent is required (RPC)

Mala in Prohibita - intentionally doing the act is sufficient for prosecution (THE ONES
PUNISHED BY SPECIAL LAWS)

Whent he doing of an act is prohibited by a special law, it is considered that the act is injurious to
public welfare and the doing of the prohibited act is the crime itself. GOOD FAITH AND
ABSENCE OF CRIMINAL INTENT IS NOT A VALID DEFENSE IN CRIMES
PUNISHED UNDER SPECIAL LAWS.
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INTENT VS MOTIVE

MOTIVE- THE MOVING POWER WHICH IMPELS ONE TO ACTION FOR A RESULT.

Motive is not an essential element of a crime, and, hence, need not be proved for
purposes of conviction.

INTENT - THE PURPOSE TO USE A MEANS TO EFFECT SUCH RESULT

When is motive relevant?

1. When the identity of the accused is in dispute.

2. Doubt on the identity of the assailant

3. Various versions of killing

4. Identification of accused is from unreliable source; testimony is inconclusive and not free
from doubt

5. No eyewitness to the crime; suspicion is likely to fall upon a number of persons

6. (Direct assaults)when the person in authority or his agent who is attacked or seriously
intimidated is not in the actual performance of his official duty

7. If the evidence is merely circumstantial

MODES INCURRING OF CRIMINAL LIABILITY

1. IMMEDIATE (ART. 3)

ARTICLE 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.

2. PROXIMATE (ART. 4 (A))

Criminal liability shall be incurred (1) By any person committing a felony (delito) although the
wrongful act done be different from that which he intended.

A person who intended and performed a felonious act (FIP), although change intervened (∆),
resulting act is different from what is intended (F®) = CRIMINAL LIABILITY

3. IMPOSSIBLE (ART. 4 (B))

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Felony against persons/property + means deployed (inherently impossible, inadequate,

ineffective) + done with evil intent and no knowledge of impossibility + must not be another
violation of any RPC provision/be an attempted or frustrated felony = CRIMINAL
LIABILITY

Elements:

1. Committed against persons or property - Impossible crime is applicable in felonies

mentioned in title 7 and 10 of Book 2 of RPC

2. Art 4 (B) Criminal liability shall be incurred 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.

4. CONSPIRACY (ART 8)

ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to

commit felony are punishable only in the cases in which the law specially provides a
penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.

CONSPIRACY = CONSENT (criminal design) + CONTRIBUTION (Participation to

execution) + CONCERTED (Utility of purpose)

NOTE: You are liable only for what is covered in the plan/agreement