Taguig City University

Gen. Santos Avenue, Central Bicutan, Taguig City

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Article 3. Felonies

A Research/Reflection Paper
Presented to the College of Criminal Justice for the Course Bachelor of Science in
Criminology partial requirement

TAGUIG CITY UNIVERSITY

Sumitted to:

Prof. Milagrosa M. Arante-Beato

Professor
CLJ 3: Criminal Law (Book 1)

Submitted by:

Zurita,Faye B.
BSCRIM-B2021

2023
 Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City

College of Criminal Justice PAGE

Felony

Felony crimes are the most serious class of criminal offenses. Felony offenses are
generally violent crimes punishable by a jail sentence of more than one year. A
felony prison sentence is usually served in a federal or state prison rather than a
county jail. Some felony convictions can lead to the death penalty. Types of felonies
include:

Murder
Aggravated assault with a deadly weapon
Grand theft
White collar crimes
Child pornography
Specific drug crimes
Sexual assault
Rape
Those convicted of a felony are called felons. Repeat felons face longer prison
times. This is because sentencing laws take into consideration their criminal history.
A felony conviction stays on a person's criminal record for the rest of their life. Most
felony cases are serious crimes that are not eligible for expungement.

Difference Between Felonies and Other Types of Crimes

The three main categories of criminal charges are felonies, misdemeanors, and
infractions. Misdemeanors are usually defined as crimes that carry a maximum
sentence of less than one year. Typical examples of misdemeanors are shoplifting
DUIs and some instances of domestic violence and assault. In many cases, people
convicted of misdemeanors do not serve jail time. Instead, many must pay a
monetary fine or perform court-ordered community service.

The lowest-level criminal offenses are known as infractions. They normally carry no
potential jail time whatsoever. Some examples include littering and most traffic
violations. State laws are not uniform in how they categorize crimes. Many states
divide their criminal statutes or penal code by types of criminal offenses. Some
states further categorize crimes by class or degree, depending on the seriousness of
the crime. For example, misdemeanors and felonies can be divided into Class A,
Class B, and Class C. There is also third-degree, second-degree, and first-degree
murder.
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Gen. Santos Avenue, Central Bicutan, Taguig City

College of Criminal Justice PAGE

Distinction between ACT or OMISSION punishable by law?

The distinction between act and omission is deeply embedded in our legal thinking.
In criminal jurisprudence, in order to convict someone of committing an act that
caused harm, any act will suffice .On the other hand, to convict based on an
omission that caused harm it is necessary to identify a duty to act on the part of the
defendant, such that breach of that duty caused the harm.

The generally accepted approach in criminal jurisprudence is to define act and

omission under the bodily movement test. This essay critiques that approach and
points to the fact that American jurisprudence is not uniform with regard to the
definition of act and omission in the criminal-law context. The essay suggests that
this lack of uniformity springs from the differing rationales that underpin the
distinction between act and omission in criminal jurisprudence.

What are the elements of felonies?

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.

Classification of felonies.
Grave felonies, less grave felonies and light felonies. — Grave felonies are those to
which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with Art. 25 of this Code.

Distinguish dolo and culpa.

But just for discussion, by dolo is meant there is Malice; meaning there is a thinking
about the doing, there is premeditation (whew! long words enough to make you
gasp). By culpa means there is accident or a neglect or plain gardam stupidity on the
actor's part etc etc.

What is mistake of fact?

Mistakes of fact arise when a criminal defendant misunderstood some fact that
negates an element of the crime. For instance, if an individual is charged with larceny
but believed that the property he took was rightfully his, this misunderstanding
negates any intent to deprive another of the property. One important qualification,
however, is that this mistake of fact must be honest and reasonable. Thus, a
defendant cannot later claim that he or she was mistaken when he or she actually
knew the situation. Likewise, the mistake must be one that would appear reasonable
 Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City

College of Criminal Justice PAGE

to a judge or jury. If the same individual was repeatedly told that the property was not
his, and he could not take it, it would no longer be reasonable for him to mistakenly
have believed that he could rightfully take the property.

What is ‘ignorantia legis non excusat”?

In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"),[1] or
ignorantia legis neminem excusat ("ignorance of law excuses no one"),[2] is a legal
principle holding that a person who is unaware of a law may not escape liability for
violating that law merely by being unaware of its content. European-law countries with
a tradition of Roman law may also use an expression from Aristotle translated into
Latin: nemo censetur ignorare legem ("nobody is thought to be ignorant of the law") or
ignorantia iuris nocet ("not knowing the law is harmful").

Distinguish “mala in se versus mala prohibita”.

Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as
murder, arson or rape. [Black's Law Dictionary, 9th Ed.] Mala prohibita (“prohibited
evil”) – An act that is a crime merely because it is prohibited by statute, although the
act itself is not necessarily immoral.Mala in se offenses are wrong by their very
nature, while mala prohibita offenses are crimes that are prohibited by law but are not
necessarily wrong in themselves. These definitions of crime are not fixed and change
over time as society's values change.

Distinguish intent versus motive.

"Motive" is the moving power which impels a person to do an act for a definite result;
while "intent" is the purpose for using a particular means to bring about a desired
result. Motive is not an element of a crime but intent is an element of intentional
crimes. Motive, if attending a crime, always precede the intent.
 Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City

College of Criminal Justice PAGE

References

https://www.lawteacher.net/free-law-essays/criminal-law/a-crime-is-an-act-or-
omission-made-punishable-by-law-essay.php

https://amslaw.ph/philippine-laws/criminal-law/revised-penal-code-of-the-
philippines#:~:text=Felonies%20are%20committed%20not%20only,foresight%2C
%20or%20lack%20of%20skill.

https://ralblaw.com/classification-of-felonies-according-to-gravity/
\

https://www.scribd.com/doc/99376377/Culpa-vs-Dolo#:~:text=If%20a%20felony
%20is%20committed,resulting%20in%20damage%20to%20properties.

https://www.quora.com/What-is-crime-according-to-the-Revised-Penal-Code-of-the-
Philippines#:~:text=But%20just%20for%20discussion%2C%20by,the%20actor's
%20part%20etc%20etc.

https://www.justia.com/criminal/defenses/mistake/

https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat

https://www.bigwas.com/2019/02/motive-vs-intent.html#:~:text=%22Motive
%22%20is%20the%20moving%20power,crime%2C%20always%20precede%20the
%20intent.
 Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City

College of Criminal Justice PAGE