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ARTICLE 3.

DEFINITION
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.

FELONIES are acts and omissions punishable


by RSP.
ELEMENTS OF FELONIES:
(1) That there must be an act or omission.
(2) That the act or omission must be
punishable by the RSP.
(3) That the act is performed or the omission
incurred by means of dolo or culpa.
ACT any bodily movement tending to produce
some effect in the external world, it being
unnecessary that the same be actually
produced, as the possibility of its production is
sufficient;
an overt act of that felony;
an external act which has direct
connection with the felony intended to be
committed.
>Only external act is punished.
>Criminal though or a mere intention, no
matter how immoral or improper it may be,
will never constitute a felony.
OMISSION (inaction) the failure to perform a
positive duty which ones is bound to do. There
must be a law requiring the doing or
performance of an act.
>There is no law that punishes a person who
does not report to the authorities the
commission of a crime which he witnessed,
the omission to do so is not felony.
Nullum crimen, nulla poena sine lege
There is no crime where there is no law
punishing it.
Classification of felonies according to the
means by which they are committed:
(1) Intentional Felonies
(2) Culpable Felonies
INTENTIONAL
The act or omission of
the
offender
is
malicious.
The act is performed
with deliberate intent
(with malice).

The offender has the

CULPABLE
The act or omission of
the offender is not
malicious.
The injury caused by
offender to another
person
is
unintentional (without
malice).
The
wrongful
act

intention to cause
injury to another.

results
from
imprudence,
negligence, lack of
foresight or lack of
skill.

IMPRUDENCE
Deficiency of action.

NEGLIGENCE
Deficiency
of
perception.
If a person fails to pay
proper attention and
to use due diligence
in
foreseeing
the
injury
or
damage
impending
to
be
caused.
Involves lack of skill.

If a person fails to
take the necessary
precaution to avoid
injury to person or
damage to property.

Involves
foresight.

lack

of

>Intentional or culpable felonies, the acts or


omissions are voluntary.
RECKLESS
IMPRUDENCE
consists
in
voluntarily, but without malice, doing or failing
to do act from which material damage results.
>Fact prevails over assumption, and in the
absence of indubitable explanation, the act
must be declared voluntary and punishable.
>If there is compulsion or prevention by force
or intimidation, there is no voluntariness in the
act.
Reasons why the act or omission in felonies
must be voluntary:
(1) RSP continues to be based on the Classical
Theory (the basis of criminal liability is human
free will).
(2) Acts or omissions punished by law are
always deemed voluntary, since man is a
rational being.
(3) In felonies by dolo or culpa, the acts must
be voluntary.
REQUISITES OF INTENTIONAL FELONIES:
(1) Freedom
(2) Intelligence
(3) Intent
>Existence of intent is shown by the overt
acts of a person.
>Criminal intent and the will to commit a
crime are always presumed to exist on the
part of the person who executes an act which
the law punishes, UNLESS the contrary shall
appear.

ARTICLE 3. DEFINITION
Actus non facit reum, nisi mens sit rea
A crime is not committed if the mind of the
person performing to act complained be
innocent.
GENERAL RULE: If it is proved that the
accused committed the criminal act charged,
it will be presumed that the act was done with
the criminal intention and that it is for the
accused to rebut this presumption.

Three Classes of Crimes:


(1) Defined and penalized by RSP
(a) Intentional felonies
(b) Culpable felonies
(2) Defined and penalized by Special Laws
(which includes crimes punished by municipal
or city ordinances)

Ignorantia legis non excusat Ignorance


of the law excuses no one from compliance
therewith.

RULE: Intent to commit the crime is not


necessary. It is sufficient that the offender has
the intent to perpetrate the act prohibited by
the special law. (Prohibited act is done freely
and consciously)

Ignorantia facti excusat Ignorance or


mistake of fact relieves the accused from
criminal liability.

>Good faith and absence of criminal intent not


valid defences in crimes punished by special
laws.

MISTAKE OF FACT is a misapprehension of


fact on the part of the person who caused
injury to another. He is not criminally liable
because he did not act with criminal intent.

MALA IN SE
Wrongful from their
nature.

Requisites of Mistake of Fact as Defense:


(1) That the act done would have been lawful
had the facts been as the accused believed
them to be;
(2) That the intention of the accused in
performing the act should be lawful;
(3) That the mistake must be without fault or
carelessness on the part of the accused.

So serious in their
effects on society as
to call for almost
unanimous
condemnation of its
members.
Intent governs.

In mistake of fact, the act done by the


accused would have constituted:
(1) a justifying circumstance
(2) an absolutory cause
(3) an involuntary act

Felonies defined and


penalized by RSP.
Inherently
immoral
(Mala inse even if
punished by special
laws)
With criminal intent.

ERROR IN PERSONAE (mistake in the


identity of the victim) the principle of mistake
of fact does not apply.
Actus non facit reum nisi mens sit rea
The act itself does not make a man guilty
unless his intention were so.
Actus me invite factus non est meus
actus An act done by me against my will is
not my act.
GENERAL INTENT
Third
element
of
voluntariness
in
felonies committed by
dolus.

SPECIFIC INTENT
Required
in
some
particular felonies.

REQUISITES OF CULPABLE FELONIES:


(1) Freedom
(2) Intelligence
(3) Imprudent, Negligent or Lacks Foresight or
Skill

MOTIVE
The moving power
which impels one to
action for a definite
result.
Not
an
essential
element of a crime.
Need
not
to
be
proved.

MALA PROHIBITA
Wrong
merely
because prohibited by
statute.
Violations of mere
rules of convenience
designed to secure a
more
orderly
regulation
of
the
affairs of society.
Inquiry: Has the law
been violated?
Acts made criminal by
special laws.

Sufficient if prohibited
act was intentionally
done.
INTENT
The purpose to use a
particular means to
effect such result.

>One maybe convicted of a crime whether his


motive appears to be good or bad or even
though no motive is proven.
GENERAL RULE: Proof of motive is not
necessary to pin a crime on the accused if the

ARTICLE 3. DEFINITION
commission of the crime has been proven and
the evidence of identification is convincing.
Circumstance when motive is relevant:
(1) There is doubt as to identity of the
assailant.
(2) Ascertaining the truth between two
antagonistic theories or versions of killing.
(3) Identification of accused comes from an
unreliable source and the testimony is
inconclusive and not free from doubt.

(4) There are no eyewitness to the crime and if


suspicion is likely to fall upon a number of
persons.
(5) If evidence is merely circumstantial.
GENERAL RULE: Motive is established by the
testimony of witnesses on the acts or
statements of the accused before or
immediately after the commission of the
offense.
> Existence or proof of motive is alone is not
sufficient to support a conviction.