FELONIES

TITLE ONE
Felonies and Circumstances which Affect Criminal
Liability
CHAPTER ONE
Felonies
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.
Felonies –
Elements of Felonies
1. Act or omission

2. Punishable by the RPC

3. Committed either by means of deceit or fault

4. Voluntary act/omission
Elements of Deceit
1. freedom
2. intelligence
3. Intent

Elements of fault
1. Freedom
2. intelligence
3. negligence
DISTINCTIONS
INTENT MOTIVE
1. Purpose to use particular means 1. impelling reason
2. Element in a crime 2. not an element
3. Always essential in intentional felonies 3. essential only when identity of

perpetrator is in doubt
Dolo
1. Voluntary and intentional
2. With malice
3. Greater degree of punishment
Culpa/Fault
1. unconscious/ unintentional
2. Without malice
3. Lesser degree of punishment
REQUISITES of Dolo/malice
1. Freedom
2. Intelligence
3. Intent

Requisites of Culpa/Fault
1. Freedom
2. Intelligence
3. Negligence
Mistake of Fact
The misapprehension of fact on the person who caused
injury to another. He is not criminally liable because he
did not act with criminal intent.
Requisites:
1. The act done would have been lawful had the facts
been as the accused believed them to be.
2. The intention of the accused in performing the act
should be lawful.
3. The mistake must be without fault or careless on the
part of the accused. (US v. Ah Chong, 15 Phil 488)
General Intent
- The third element of voluntariness is a general intent.

Specific Intent
- In some particular felonies proof of particular specific
intent is required.
Ex.
1. Intent to gain – robbery and theft
2. Intent to kill – murder
3. Intent of lewd design - abduction
Crimes under the RPC
1. Criminal liability is based on the moral trait of the offender
2. Good faith or lack of criminal intent is a valid defense
3. The degree of accomplishment of crime – attempted,
frustrated, consummated.
4. Mitigating and aggravating circumstances are taken into
account
5. The degree of participation is considered – principal,
accomplice, and accessories
Crimes Under Special Laws
1. Moral trait of offender is not considered
2. Good faith or lack of criminal intent is not a defense
3. Only to consummated crimes
4. Mitigating and aggravating circumstances are not
considered
5. All who participated are penalized to the same
extent.
Mala in se
1. Wrongful from their nature
2. So serious in their effects on society – condemnation
3. The intent of the offender governs
4. Generally refers to felonies in the RPC
Mala prohibita
1. Wrong merely because prohibited by statute
2. Violations of mere rules of convenience
3. Only inquiry is made as to the law violated
4. Punished by special laws
ARTICLE 4. Criminal Liability. — 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.
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.
ARTICLE 5. Duty of the Court in Connection with Acts
Which Should Be Repressed but Which are Not Covered
by the Law, and in Cases of Excessive Penalties. —
Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable
by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department
of Justice, the reasons which induce the court to believe
that said act should be made the subject of penal
legislation.