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    Elements of Felonies

    Uploaded by

    Mike Artikulo Uno
    This document discusses key concepts related to Article 3 of the RPC (Revised Penal Code) of the Philippines including: 1. Felonies can be committed through deceit or fault. Deceit involves deliberate intent while fault involves imprudence, negligence, lack of foresight or skill. 2. The elements of felonies are: an act or omission, punishable by law, incurred through deceit or fault. 3. Intentional felonies involve malicious intent to injure while culpable felonies are unintentional and result from imprudence or negligence.

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    Elements of Felonies

    Uploaded by

    Mike Artikulo Uno
    6K views4 pages
    This document discusses key concepts related to Article 3 of the RPC (Revised Penal Code) of the Philippines including: 1. Felonies can be committed through deceit or fault. Deceit involves deliberate intent while fault involves imprudence, negligence, lack of foresight or skill. 2. The elements of felonies are: an act or omission, punishable by law, incurred through deceit or fault. 3. Intentional felonies involve malicious intent to injure while culpable felonies are unintentional and result from imprudence or negligence.

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    elements of felonies

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    This document discusses key concepts related to Article 3 of the RPC (Revised Penal Code) of the Philippines including: 1. Felonies can be committed through deceit or fault. Deceit involves deliberate intent while fault involves imprudence, negligence, lack of foresight or skill. 2. The elements of felonies are: an act or omission, punishable by law, incurred through deceit or fault. 3. Intentional felonies involve malicious intent to injure while culpable felonies are unintentional and result from imprudence or negligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6K views4 pages

    Elements of Felonies

    Uploaded by

    Mike Artikulo Uno
    This document discusses key concepts related to Article 3 of the RPC (Revised Penal Code) of the Philippines including: 1. Felonies can be committed through deceit or fault. Deceit involves deliberate intent while fault involves imprudence, negligence, lack of foresight or skill. 2. The elements of felonies are: an act or omission, punishable by law, incurred through deceit or fault. 3. Intentional felonies involve malicious intent to injure while culpable felonies are unintentional and result from imprudence or negligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    What is Article 3 of the RPC?

    Article 3. Definitions

    Acts and omissions punishable by law are felonies

    Felonies are committed not only by means of deceit by also by means of


    fault.

    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.

    2
    What are the Elements of Felonies?

    ELEMENTS OF FELONIES:
    1. There must be an act or omission
    2. Punishable by law
    3. Incurred by means of deceit or fault

    3
    Define ACTS

    Act:
    bodily movement producing some effect in the external world; effect need
    not be accomplished but possibility thereof only

    • must be an actual felony


    Ex: act of stealing = theft = felony
    • External! Internal acts are beyond penal law
    Ex: Imagining a murder

    4
    Give examples of Felonies by Omission?

    FELONIES BY OMISSION:

    1. Fails to render assistance to person found wounded or in danger of


    dying (liable for abandonment)
    2. Tax officer intently fails to give receipt (illegal extraction)

    3. Owing allegiance to PHP and not giving knowledge about possible


    conspiracies (treason)

    5
    What are Acts considered to be intentional Felonies?

    INTENTIONAL FELONIES:

    Act or omission is MALICIOUS in nature: w/ deliberate intent to injure

    6
    What are acts that are considered culpable felonies?

    CULPABLE FELONIES:

    act not malicious, unintentional and as an incident without malice.

    Results from imprudence (skill) or negligence (foresight)

    7
    What are Crimes which cannot be done through imprudence?

    Murder, Treason, Robbery, and Malicious Mischief

    8
    3 REASONS WHY ACT/OMISSION MUST BE VOLUNTARY IN NATURE?

    1. RPC continues to be based on Classical theory – basis of liability is


    human free will

    2. Assumed man is rational being and that he wouldn’t do otherwise

    3. In dolo – intent = voluntary


    In culpa – no intent = imprudence voluntarily = produced injurious results

    9
    What are the REQUISITES FOR DOLO OR MALICE?

    1. FREEDOM – if not free, he is merely a tool. Person acting out of fear or


    irresistible force exempted from criminal liability.

    2. INTELLIGENCE – necessary to determine morality of actions. If none,


    no crime can exist. The insane or the child cannot be liable for do not know
    anything.

    3. INTENT – to act with malice is presumed to be done intentionally.

    10
    What is Mistake of FACT?

    MISTAKE OF FACT:

    misapprehension of fact on part of accused. Not liable, because no criminal


    intent.

    11
    Requisites of MISTAKE OF FACT

    1. Act done would have been lawful had the facts been as believed so
    2. Intention in performing the act was lawful
    3. Mistake must be without fault or carelessness

    12
    Mala In Se and Mala Prohibita

    MALA IN SE:
    intent governs; acts penalized by RPC

    13
    MALA IN SE:

    By their NATURE, they're WRONGFUL ACTS.


    intent governs; acts penalized by RPC
    (Theft, Rape, Homicide)
    14
    MALA PROHIBITA:

    Has law been violated?

    Intent not required. PROHIBITED by STATUTE.

    Refer to special penal laws.

    15
    What is MOTIVE?

    MOTIVE

    moving power impelling one to action for a definite result.


    • Not necessary for conviction
    • Needed only when there is doubt as to identity of the assailant (to identify
    the killer)
    • Proved through evidence or testimonies (not enough to prove conviction
    though)

    16
    What is INTENT?

    Purpose to use a means to effect such result.

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