COLLEGE OF CRIMINAL JUSTICE

LEYTE COLLEGES
Paterno St. Tacloban City
Towards relevant education for all

Module 4: Intro to Criminology

Topic: The Elements of Crime

I. Introduction

Crimes, as worldwide phenomena, must be closely examined by society in order

to determine how we prevent their occurrence. Acts or omissions can be called crime
when there is a law that punishes it. Thus, it is proper for us to examine what are the
different elements of crime.

In the Philippine setting, acts or omissions in violation of the special laws or RPC
are called “offenses” (R.A. No. 9344) and those that are in violation of the RPC are
called “felonies”.

Article 3 of Act No. 3815 states that 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 acts results from imprudence, negligence, lack of
foresight, or lack of skill.

Intended Learning Outcome (ILO)

At the end of the chapter, learners are expected to:
 Define the definition of criminology and crime and
 Describe the scopes involved in the study of
criminology.

II. Intended Learning Outcome

Basic Elements of Crime

1. Actus Reus (physical act of the crime)

 A guilty act that is conscious and voluntary.

 Act – any bodily movement tending to produce some effect in the external
world.
 The act must be defined under the law as constituting a crime and an overt
act of the crime, that is an external act that has direct connection with the
crime intended to be committed.

Example:
A.
 Ashley took the pair of shoes from Jane with intent to gain and
without the consent of the latter. The act of taking the shoes of Jane, with
intent to gain, constitutes the crime of theft.

B.
If someone is driving a car and suddenly had a heart attack and hits
somebody along the road, the act done by the driver is not voluntary since he
suffered from a heart attack.

Note: Only external act is punished. The act must be external because
internal acts are beyond the coverage of the law. Thus, a criminal thought or
a mere intention, no matter how immoral or improper it may be, will never
constitute a crime.

2. Omissions to Act

Omission – it means inaction, the failure to perform a positive duty that one is
bound to do. There must be a law requiring the doing or performance of an act.

Example:
Anyone who fails to render assistance to any person whom he finds in an
uninhabited place wounded or in danger of dying is liable for abandonment of
persons in danger (Art. 275, par.1).

General Rule: No duty to action on behalf of a stranger in peril.

Exceptions:

Sometimes there are duties to Example: A person has a duty to

1. By Law act that are „prescribed by law automatically pay his/her taxes. If
not, the person can be held liable
for tax evasion.
When a person is contracted Example: A lifeguard in a pool is
2. By Contract by duty to come to the aid of paid to rescue and save people.
another. When someone is drowning and
the lifeguard did not do anything
to help then he can be held
liable.
3. By Relationship Relationships may also Example: Husband and wife have
impose a duty to act. the duty to come to aid of each
other.

3. Mens Rea (mental intent to do the crime)

 A guilty mind
 The person knew that what he was doing was wrong.
 Where to find mens rea?
a. Specific Intent Crimes – mentally, the person has to act for the crime to
occur. Example: theft crimes, intent to kill, heat of passion killings
b. General Intent Crimes – intent can be inferred from a person‟s
conduct. Examples: rape, arson, battery
c. Strict Liability Crimes – intent can be inferred from a person‟s conduct.
Examples: Speeding, parking in front of a fire hydrant
4. Concurrence of Actus Reus and Mens Rea

 The person must both have a guilty act and guilty mind at the time he/she
committed the crime.

5. Punishment Requirement

 The last element needed to constitute a crime is that of punishment. An

illegal act coupled with an evil mind (criminal intent or mens rea) still do not
constitute a crime unless the law subjects it to a punishment.
 EXPLORE

Name:______________________________________ CR Code: ________________

1. Go online. Look for a case that happened in the Philippines and determine the
elements of crime involved in the said case.

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ASSESS

Name:______________________________________ CR Code: ________________

1. Determine what elements of crime are being described in the following scenarios:

a. John, 11 years old, has been deliberately neglected by his parents of his needs
(physical and mental) since both his mother and father are both addicted to drugs. John
was left wandering around the streets, begging for scraps in order to survive. (Note:
Parents are obligated by law to protect their children.)

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b. Cassie, with the intent to gain, put the nice purse in her bag, knowing that she didn‟t
have enough money to buy such item, when she went at the mall with her friends.

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c. “Do not step on the grass,” this is the posted signage that Carlo read on the park and
he stepped on it anyway. Did Carlo commit a crime? Support your answer.

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References:

Sally S. Kalalang M.S.Crim , Introduction to Criminology and Psychology of Crimes,

Wiseman‟s Books Trading Inc.

Rommel K. Manwong, Fundamentals of Criminology, Wiseman‟s Books Trading Inc.

Maria Theresa Ramonida Amparado and Gerry J. Caño PhD, Introduction to

Criminology, Rex Book Store

Prepared by:

Ms. Jhennie Fel D. Buenafe

Mrs. Lourylie G. Abaño

Mr. Jose Pepito Ecito