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or misdemeanour.
1. Felony – An act or omission punishable by revised Penal Code.
Elements of Felony
a. Intentional (Dolo) Felony – the act or omission is performed with
deliberate intent or malice
Freedom or voluntariness – when the person acted on his own
accord, without irresistible force and/or uncontrollable fear.
Intelligence – when the person who committed the crime has
the ability to determine what is right from what is wrong and to
realize the consequences of one’s act.
Intent (mens rea) – when the person knowingly and purposely
committed the crime to effect the desired result.
b. Culpable (Culpa) Felony – the act or omission of the offender is not
malicious and the injury caused by the offender is unintentional, it
being simply the incident of another act performed without malice.
Imprudence – deficiency in action; failure to take the necessary
precaution to prevent the danger due to carelessness.
Negligence – deficiency in perception; failure to foresee the
danger.
Lack of foresight – when the crime resulted due to the person’s
inability to predict the obvious possible outcome of his actions.
Lack of skill – when the crime resulted because the person does
not have the necessary skill to perform the action safely.
2.Offense – an act or omission in violation of a special
law.