TRECE MARTIRES CITY

COLLEGE
COLLEGE OF CRIMINOLOGY

COPING UP: Criminal Law Book 2:

Definition and Elements of Crimes

A Covid-19 Pandemic Class Project of

TMCC Criminology
Class of 2020-2021
 CRIMINAL LAW BOOK 2:
DEFINITION AND ELEMENTS OF CRIMES

TITLE XIV
QUASI-OFFENSES

CUPCUPIN, ROY
BOLIVAR, ROLANDO C. JR
SUAREZ, JOHN PAUL S.
BAYANI, ANITO D. JR
GONZAGA, ABUBAKAR SIDDIK J.
MANGGONA, MOHAMMAD JADE G.

A project of TMCC BS Criminology Class of 2020-2021

 CRIMINAL LAW BOOK 2:
DEFINITION AND ELEMENTS OF CRIMES
TITLE XIV. QUASI-OFFENSES
Complex Crime - A single act which
constitutes two or more grave or less grave
felonies, or an offense which is a necessary
means for committing the other. Art. 48,
Rev. Penal Code.
Criminal negligence - Criminal negligence
consists in the failure to take such
precautions or advance measures in the
performance of an act as the most common
prudence would suggest, whereby injury is
caused to person or property. - U.S v. Nava,
1 Phil 581.
Culpability - The state which result from
willful violation of moral or statute law. It is
akin to bad faith. - Commercial Bank &
Trust Co. v. Teodoro, CV-57390, January
31, 1985.
Culpable Negligence - In criminal law, a
reckless disregard for the lives or safety of
others. It is negligence of a higher degree
than that required to establish liability on a
mere civil issue. - Tan v. Standard Vacuum
Oil Co., 18974-R, September 18, 1957.
Culpa in Vigilando - Negligence of the
master or employer in the supervision of the
servant or employee after his selection. -
Reliable Industrial & Commercial Security
Agency Inc. v. Anover, 07188-SP, July 24,
1987.
Contributory Negligence - The principle
that any negligence, however slight, on the
part of the person injured which is one of the
causes proximately contributing to his
A project of TMCC BS Criminology Class of 2020-2021
injury, bars his recovery. - Rakes v. Atlantic
Gulf & Pacific Co., 7 Phil 370.
Imprudence - The word imprudence,
negligence, lack of foresight, and lack of
skill are in Art.3, Revised Penal Code,
separate by the conjunction or which
signifies that each is different from the
other.
Negligence - Imprudence indicates a
deficiency of action negligence indicates a
deficiency of perception.
ART.365 Imprudence and Negligence -
Any person who by reckless imprudence
shall commit any act which had it been
intentional, would constitute a grave felony.
ELEMENT’S; 1)That the offender does or
fails to do an act,2)that the doing of or the
failure to do that act is voluntary,3)that it be
without malice,4)that the material damage
results,5) that there is inexcusable lack of
precaution on the part of the offender ,taking
into consideration. A) His employment or
occupation, B) Degree of intelligence,
physical condition and, C) Other
circumstances regarding persons, time and
place.
Reckless Imprudence - Consist
involuntarily but which out malice, doing or
failing to do an act form which material
damage result by reason of inexcusable lack
of precaution on the part of the person
performing or failing to perform such act,
taking into consideration his employment or
 CRIMINAL LAW BOOK 2:
DEFINITION AND ELEMENTS OF CRIMES
occupation, degree of intelligence, physical interpretation to the laws and making a just
condition and the other circumstances application of them to all cases as they
regarding persons, time and place. arise.In Technical sense,the term means
sometimes Case Law.-In Re;Shoop, 41 Phil
Recklessness - Destitute of heed or concern 219.
for consequence; especially, foolishly
heedless of danger; headlong; rash;
desperate; not caring or noting; neglectful;
indifferent.
An indifference whether wrong is done or
not; an indifference to the rights of others.
Reckless may imply mere inattention to
duty, thoughtlessness, indifference,
carelessness or negligence; a heedless
disregard of obvious consequences. - U.S v.
Aligan, 43 Phil 647.

ELEMENT’S;1)That the offender does or

fails to do an act,2)that the doing of or the
failure to do that act is voluntary,3)that it be
without malice,4)that the material damage
results,5) that there is inexcusable lack of
precaution on the part of the offender ,taking
into consideration. a) employment or
occupation b) degree of intelligence or
physical condition and, c)other
circumstances regarding person, time and
place.

Simple imprudence - consists in the lack of

precaution displayed in a case wherein the
damage impending to be caused is not
immediate nor the danger clearly manifest.

ELEMENT’S -1) there is lack of precaution

on the part of the offender, 2) the damage
empending to be caused is not immediate
nor the danger clearly manifest.

Jurisprudence - The groundwork of the

written law.The science of law; the
particular science of giving a wise

A project of TMCC BS Criminology Class of 2020-2021