Elements and Requisites
Elements and Requisites
Elements and Requisites
Felonies
1)
2)
3)
REQUISITES
Article 3
Dolo/Deceit/Malice
Act or omission
Punishable under the RPC
Act or omission is incurred by means of dolo or
culpa
1)
2)
3)
Freedom
Intelligence
Intent
Culpa/Fault
1)
2)
3)
Freedom
Intelligence
Negligence, Imprudence, Lack of foresight, lack of skill
Mistake of Fact
1)
2)
3)
Proximate Clause
1)
2)
A felony is committed
The felony committed resulted in another felony
Article 4
Proximate Clause
1)
2)
Impossible Crime
1)
2)
3)
4)
ineffectual or inadequate
Act does not violate other provisions of RPC
Article 5
Acts which should be repressed but not punishable by RPC
1)
2)
3)
4)
Excessive Penalties
1)
2)
3)
4)
caused)
No suspension of sentence
Court should submit the case to the president via
Secretary of Justice to recommend Executive Clemency
Article 8
Conspiracy
1)
2)
3)
minds)
The agreement concerned the commission of the felony
Execution of the felony must be decided upon
Proposal
1)
2)
ELEMENTS
REQUISITES
Article 11
Self-Defense
1)
2)
3)
Unlawful Aggression
Reasonable necessity of the means employed
Lack of sufficient provocation
Fulfillment of a duty
1)
2)
Obedience to an order
1)
2)
3)
2)
required to commit
It promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it
1)
2)
3)
ELEMENTS
REQUISITES
Article 13
That the act committed was in the immediate vindication of a
grave offense to the one committing the felony(delito), his
spouse, ascendants, descendants or relatives by affinity within
the same degrees
1)
2)
2)
Voluntary surrender
1)
2)
3)
2)
that is, before the competent court that is to try the case
3)
2)
ELEMENTS
REQUISITES
Article 14
That the crime be committed in contempt or with insult to the public authorities
1)
2)
3)
4)
3)
offended party
That the abuse of confidence facilitated the commission of the crime
That the crime be committed with the aid of armed men or persons who insure
or afford impunity.
1)
That armed men or persons took part in the commission of the crime,
2)
directly or indirectly
That the accused availed himself of either their aid or relied upon them
when the crime was committed
4)
this code
That the offender is convicted of the new offense
That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty
1)
2)
3)
3)
determination
A sufficient lapse of time between the determination and execution
That at the time of the attack, the victim was not in a position to defend
2)
himself
That the offender consciously adopted the particular means, method or
form of attack employed by him.
That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commissions.
1)
2)