University of Antique

College of Arts and Sciences

Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

CHAPTER 2:
FELONIES

Application of Revised Penal Code (RPC)

“ARTICLE 2. Application of Its Provisions. — Except as provided in

the treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
number;
4. While being public officers or employees, should commit an offense in
the exercise of their functions; or
5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of this Code.”

Two scopes of application of the RPC:

1. Intra-territorial application (par.1, Article 2) – the RPC shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
except as provided in the treaties and laws of preferential application.

2. Extraterritorial application (par.2, Article 2) – the RPC to be enforced outside of its

jurisdiction (exception from the territoriality characteristic of penal law) against those
who:
a. Should commit an offense while on Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the RP or obligations and
securities issued by the GRP;
c. Should be liable for acts connected with the introduction into the Philippines of said
obligations and securities;
d. While being public officers or employees, should exercise an offense in the exercise
of their functions; or
e. Should commit any of the crimes against national security and the law of nation in
Title I, Book 2 of the RPC.

HOW FELONY IS COMMITTED

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

“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.”

Elements of felonies in general:

1. There must be an act or omission;
2. The act or omission must be punishable under the RPC; and
3. The act is performed or the omission incurred by means of deceit or fault.

How felonies are committed?

Felonies are committed either by means of deceit or fault. There is deceit (dolo) when the
act is performed with deliberate intent. There is fault (culpa) when the wrongful act results from
imprudence, negligence, lack of foresight or lack of skills. In both cases, it is necessary that there
is voluntariness which is presumed from the elements of freedom of action and intelligence.
Elements of Dolo: Elements of Culpa:
1. Freedom of action; 1. Freedom of action;
2. Intelligence; and 2. Intelligence; and
3. Intent. 3. Negligence, imprudence, lack of
foresight, lack of skill.
Concept of dolo or malice.
The term dolo or malice is a complex idea involving the elements of freedom,
intelligence, and intent.
Freedom refers to an act done with deliberation and with power to choose between
two things.
Intelligence, concerns the ability to determine the morality of human acts, as well as
the capacity to distinguish between a licit and an elicit act.
Intent, involves an aim or a determination to do a certain act.

Intent
Intent refers to the use of a particular means to be bring about the desired result. Intent is
a mental state which cannot be seen and therefore its existence can only be demonstrated by the
overt act of a person. The choice of a particular means will show the true intent of the actor.

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

Criminal intent is presumed from the voluntary commission of an unlawful act.

May a crime be committed without criminal intent?

Yes, in crimes (1) mala prohibita and in (2) culpable felonies.
Thus, in both kinds of crimes without the element of intent or dolo, there are no
frustrated and attempted stages because intent is inherent in these stages.

Actus non faciteum, nisi mens sit rea – the act cannot be criminal unless the mind is
criminal.
A felony requires criminal intent. Hence, when intent is absent as the mind is not
criminal, no crime is committed. This doctrine applies only to dolo.

Motive
Motive is the moving power or force (such as vengeance) which impels a person to
commit acts to bring about a desired result. It is different from intent which is the means used to
accomplish the desired result like use of gun to kill.
General Rule: Motive is immaterial in incurring criminal liability; it is intent which is material.
Exceptions: Motive becomes material when:
1. The act could give rise to variant crimes.
2. There is doubt whether the accused committed the crime, or the identity of the accused is
doubtful.
3. The evidence on the commission of the crime is purely circumstantial.
4. The evidence of guilt of the accused is inconclusive.
Motive alone will not give rise to criminal liability because under the RPC, there must be
an overt act or an omission.

Culpa
In Article 3, culpa is a mode of committing a crime. Thus, for instance, killing is
demonstrated as “homicide through reckless imprudence.”
In Article 365 (quasi-offenses), culpa itself is the crime punished; hence, killing another
without intent to do so is denominated “reckless imprudence resulting to homicide.”
Examples of culpa resulting to homicide:
1. Exhibiting a loaded revolver to a friend who was killed by the discharge due to
negligent handling;

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

2. Discharging a firearm from the window and killing a neighbor who just at the
moment leaned over the balcony front;
3. To stop a fist fight, defendant fired his gun twice in the air, and as the bout continued,
he fired another shot at the ground, but the bullet ricocheted and hit a bystander who
died soon thereafter. (People v. Belbes, G.R. No. 124670, June 21, 2000)

Reckless imprudence
- Consists of voluntarily doing or failing to do, without malice, an act from which
material damage results by reason of inexcusable lack of precaution on the part of the
person performing or failing to perform such act.

Intelligence
Intelligence is the capacity to understand what is right and what is wrong. Discernment
(acted with discernment) is relevant to intelligence, NOT to intent. Discernment is an element of
both dolo and culpa, thus, whether the resulting felony is intentional or culpable, discernment is
an element. Without discernment, there is neither dolo nor culpa.

Freedom of action
Freedom of action is an element whether the crime is a dolo or culpa. It is present when
the offender commits the crime with voluntariness, that is, he discerns what he is doing and he is
not under duress or insuperable compulsion to act against his will or without a will in the
commission of the crime.

WHO IS LIABLE FOR FELONY

“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.”

Two classes of offenders:

1. Those who: commit a felony (delito), although the wrongful act done is different from
that intended; and
2. Those who do not actually commit a felony but perform an act which would be an
offense against person or property were it not:

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

a. For the inherent impossibility of its accomplishment, or

b. On account of the employment of inadequate or ineffectual means.
Liability under no. 2 is incurred only if the act committed does not result in a
felony under no. 1.

Two clauses in par. 1:

1. “By any person committing a felony (delito)” referring to both dolo and culpa.
2. “Although the wrongful act done be different from that which he intended,” referring to
dolo because of the presence of intent (note the word “intended”). The elements in the
second clause are:
i. An intentional felony is committed;
ii. The wrong done is the direct, natural, and logical consequence of the felony
committed even though different from that intended.
This explains why criminal liability may be incurred by one who may not have
intended the crime committed and how the penalty that may result therefrom is affected.
Factors affecting intent and correspondingly the criminal liability:
a. Mistake of facts (intent to commit a crime is lacking)
b. Aberratio ictus (mistake in the intended victim of the blow)
c. Error in personae (mistake in the identity of the intended party)
d. Praeter intentionem (so grave a wrong caused that that intended)
e. Proximate cause (the cause of the cause is the cause of the evil caused)

Mistake of facts
Mistake of fact (MOF) is an absolutory cause for had the facts been true to the belief of
the offender, that mistake can justify his act. It is such mistake that will negative criminal
liability (ignoratia facti excusat) because of the absence of criminal intent. Thus, MOF is
relevant only in dolo, hence, if the offender is negligent in ascertaining the true state of facts, he
may be free from dolo but not from culpa.

Aberratio ictus
In aberratio ictus (AI) or error in the victim of the blow, the offender intends the injury
on one person but the harm fell on another. There are three persons involved: the offender, the
intended victim, and the actual victim. Consequently, the act may result in a complex crime
(Article 48) or in two felonies, although there is just a single intent. Thus, aberratio ictus may
result in greater criminal liability to the offender.

Error in personae

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

In Error in personae (EIP) or mistake in identity involves only one offended party but
the offended committed a mistake in ascertaining the identity of the victim. Unlike in aberratio
ictus, there are only two persons involved: the actual but unintended victim and the offender.
The effect of EIP depends upon whether the intended and the actual crime committed are:
a. Of different gravity, Article 49 shall apply – the lower penalty between the intended and
the actual felony committed shall be imposed. Example: if the intended crime is homicide
but parricide was committed or vice-versa. In effect, EIP is an extenuating circumstance.
b. Of the same gravity or severity, the penalty is not mitigated.

Praeter intentionem
In praeter intentionem (PI), the injury is on the intended victim but the resulting
consequence is much greater than intended. It is mitigating (Article 13, no. 3). But if the means
employed in the commission of the crime would logically and naturally bring about the actual
felony committed, PI should not be appreciated.
It does not apply to culpa for “intentionem” denotes intent or hazing because the anti-
hazing law expressly disallows it.

Proximate cause
Proximate cause is that cause which, in its natural and continuous sequence, unbroken by
an efficient intervening cause, produces an injury and without which the result would not have
occurred.
When a person causes a belief in the mind of another making the latter to act in a manner
fatal to him, the former will be liable for that act of engendering such a belief. Even if there is no
intent to kill on the part of the offender, he may be liable for homicide because of the rule on
proximate cause.
Anyone who inflicts injury voluntarily and with intent is liable for all the consequences
of his criminal act, such as death that supervenes as a consequence of the injuries.

Impossible crime
Elements of impossible crime:
1. The act performed would have been a crime against person or property;
2. There is criminal intent;
3. It is not accomplished because of inherent impossibility or because the means employed
is inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision of the RPC.

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 University of Antique
College of Arts and Sciences
Sibalom, Antique
Academic Year 2021-2021

BS CRIMINOLOGY

Course Content on CRIMINAL LAW (CLAWJ 3)

by:
Atty. May Leony A. Jalipa

Two kinds or inherent impossibility:

1. Legal impossibility, where the intended acts, even if completed would not amount to
crime. It applies to those circumstances where:
a. The motive, desire and expectation is to perform an act in violation of the law;
b. There is intention to perform the physical act;
c. There is performance of the intended physical act; and
d. The consequence resulting from the intended act does not amount to a crime.
Example: killing a dead person or stealing property which turned out to belong to the
stealer.

2. Physical impossibility is present when extraneous circumstances unknown to the actor or

beyond his control prevent the consummation of the intended crime as the act cannot be
completed.

Example: shooting towards the room of the victim who unknown to the offender
is away on vacation or stealing from a vault which turned out to be empty.

References:
1. Notes and Cases on the Revised Penal Code Act No. 3815, as Amended (Book 1 and 2)
and Special Penal Laws, Leonor D. Boado, Rex Book Store, 2018;
2. Compact Reviewer in Criminal Law Books I and II of the Revised Penal Code and
Special Penal Laws, Leonor D. Boado, Rex Book Store, 2016.

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