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Act or Omission Punishable by Law Under the Penal Code

Felony is defined under the code as an act or omission punishable by law, committed
through culpa or dolo.

[1] The words “punishable by law” means that the act or omission must be defined and
punished by the Revised Penal Code and no other law.

Dolo is a Spanish term which means deceit.

There is deceit when an act is performed with deliberate intent.

[2] Culpa is also a Spanish term which means fault.

There is fault when a wrongful act results from negligence, imprudence, lack of skill or
foresight.

Here lies the confusion

The Code specifically provides for a definition of a felony, but nevertheless simultaneously
uses the word crime or offense in describing the acts and omissions punishable by the
code.

A crime is defined as an act or omission which is made punishable by law. On the other
hand, an offense includes both felony and crime, as it is generally referred to as violations
of the law.

A person incurs criminal liability either by committing a felony regardless of the original
intent of the actor or by committing an impossible crime. 

[3] The law punishes both intentional and unintentional felonies.

The rationale behind the liability incurred for an intended act is simple: a person must be
held liable for an act or omission which the law specifically prohibits.

On the other hand an unintentional act is punishable because of the lack of skill
(negligence) or lack foresight (imprudence) which makes it as if it was intentional. The
provision seems to define only the liability of a principal and excludes that of the
accessory and accomplice.

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