PRE-TEST 2

CRIM 1

ARTICLES 1-10, RPC

Name: LIM I, Patricia Jade Jose

Section: BSC 3E

1. Define felony, offense and infraction.

Felony – is an act or omission punishable by the Revised Penal Code.

Offense – refers only to violations of Special Laws.

Infraction – refers to minor violations of law, such as violation of ordinance is called

Misdemeanor.

2. What are the elements of a felony?

1. There must be an act or omission.

2. The act is performed or the omission of an act is made by means of deceit (dolo) or fault
(culpa).

3. The act or omission is punishable by Revised Penal Code.

3. How are felonies committed?

Felonies are committed not only be 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.

4. What are the requisites of dolo?

a. There must be freedom of action in performing or omitting an act.

b. The perpetrator must have intelligence in doing/omitting an act.

c. There must have intent in performing or omitting an act.

5. Distinguish between intent and motive.

Intent – it is the willingness or the purpose of the mind and person to do a certain act.

Motive – it is a driving force or reason of a person to do or refrain from doing an act.

6. Define negligence and imprudence.

Negligence - Indicates a lack of perception, a failure to pay attention, and failure in predicting
the impending danger.

Imprudence - Indicates a lack of action, or a failure to take the essential precautions to avoid
injury to a person or damage to property.

7. Distinguish between intentional and culpable felonies.

Intentional Felonies – The offender has the intention to cause an injury to another. The act is
performed or omits with deliberate intent and is malicious.

Culpable Felonies – The injury caused is unintentional and without malice. The act or omission
results from imprudence, negligence, lack of foresight, or lack of skill.

8. What is “mistake of fact”?

Mistake of fact is a mistaken belief, or a failure to understand, or incorrect assumption of

facts on the part of individual who caused injuries to another. As a result of the mistake, the
person commits an illegal act. Because the person acted without deliberate intent, he is not
criminally liable.

9. What are the requisites of mistake of fact as a defense?

a. The act done would have been lawful if the facts had been as the accused believed them to be;

b. That the intention of the accused is lawful;

c. The mistake must be made without the accused’s fault or carelessness. When the accused is
negligent, mistake of fact is not a defense.

10. How is criminal liability 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 an account of the employment of
inadequate or ineffectual means.

11. Define proximate cause, accelerating cause and efficient intervening cause.

Proximate cause has been defined as that which, in natural and continuous sequence, unbroken
by any efficient intervening cause, produces injury, and without which the result would not have
occurred

Accelerating cause states that if the defendant's action caused a victim to die sooner than the
victim would have otherwise died or accelerate death, then the defendant criminally liable.

Efficient intervening cause is one not produced by a wrongful act or omission, but independent
of it, and adequate to bring the injurious results.

12. What is an “Impossible Crime”?

An act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means. (Art. 4, par 2, RPC)

13. What are the requirements for the existence of an impossible crime?

a. That the act performed would be an offense against persons or property;

b. That the act was done with evil intent; and

c. That its accomplishment was inherently impossible, or the means employed was either
inadequate or ineffectual.
d. That the act performed should not constitute a violation of another provision of the RPC.

14. What are the two (2) classifications of the concept of “inherent impossibility”?

The 2 classifications of inherent impossibility are legal impossibility and physical/factual

impossibility.

15. What are the stages of execution of felonies? Define each stage.

Consummated Felony - when all the elements necessary for its execution and accomplishment
are present.

Frustrated Felony - when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

Attempted Felony - when the offender commences the commission of a felony directly or overt
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than this own spontaneous desistance.

16. What are the requisites 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) But the felony is not produced;

(4) By reason of causes independent of the will of the perpetrator

17. What are the requisites 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 the felony;

(3) The non-performance of all acts of execution was due to cause or accident other than his own
spontaneous desistance.
18. What is a “Subjective Phase”?

It is that point in time where the offender begins the commission of the crime to that
point where he still has control over his acts but stopped due to any reason outside his voluntary
will.

19. What is an “Objective Phase”?

The phase where the subjective phase has ended and where the offender has no more
control over the effects of his criminal acts. The achievement of the crime as a result of the
execution.

20. Define Formal Crimes and Material Crimes.

Formal Crimes - crimes which are consummated in one instance, no attempted and frustrated
stage.

Material Crimes - it has three stages of execution.

21. Give examples of felonies which do not have any frustrated stage.

Adultery, Slander, Libel, Bribery, Corruption, Arson, Rape, Theft, etc.

22. When light felonies are punishable?

Light felonies are punishable only when they have been consummated, with the
exception of those committed against person or property. (Art. 7, RPC)

23. Define conspiracy.

Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. (Article 8, RPC)

24. What are the requisites of conspiracy?

a. Two or more persons come to an agreement.

b. The agreement pertains to a commission of a felony.

c. The execution of the felony was decided upon.

25. What are the rules in conspiracy?

1. Conspiracy and proposal to commit a felony are not punishable.

2. The act of one is the act of all irrespective of the quantity or quality of his participation.

26. Define proposal.

When the person who has decided to commit a felony proposes its execution to some
other person or persons. (Art. 8, RPC)

27. What are the requisites of proposal?

(1) A person has decided to commit a felony; and

(2) He proposes its execution to some other person or persons.

28. Define Grave felonies, Less Grave felonies and Light felonies.

Grave felonies are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive.

Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional.

Light felonies are those infractions of law for the commission of which a penalty of arrest menor
or a fine not exceeding 200 pesos or both; is provided.

29. What does “supplementary application” mean in relation Section 10?

Supplementary application simply means that it will provide or supply for what is lacking
in the law and it will serve only as a guide in Special Laws.
References:
1. Act No. 3815, the Revised Penal Code of the Philippines (1930)
2. UP Law Bar Operations Commission, UP Law Bar Criminal Law Reviewer, 2012
https://pdfcoffee.com/up-criminal-law-reviewerpdf-pdf-free.html
3. Rene Callanta, Codal and Notes in Criminal Law Book I
https://www.pinayjurist.com/wp-content/uploads/2017/12/CRIMINAL-LAW-
Reviewer.pdf
4. Romulo Abrogar vs Cosmos Bottling Company, GR No. 164749, 2017-03-15

5. https://www.law.cornell.edu/wex/but-for_test