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TITLE ONE FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL

LIABILITY

Chapter One FELONIES

Art. 3. Definition Acts and omissions punishable by laws are felonies

(delitos).

Felonies committed not only by means of deceit (dolo) but also bymeans 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 acts or omissions punishable by the RPC

Elements of Felonies:

(1) There must be an act or omission.(2) That act or omission must be punishable by the RPC.(3) That act is performed or omission incurred by means od dolo or

culpa.

Act any bodily movement tending to produce some effect in the external

world, it being necessary that the same be actually produced, as the

possibility of its production is sufficient.

Only external act is punished.o Criminal thought or a mere intention, no matter how

immoral or improper it may be, will never constitute a

felony.

Omission inaction; failure to perform positive duty which one is bound to

do.

Must be punishable by law, if not, such omission not considered afelony

e.g. Anyone who fails to render assistance to any person whom he finds

in an uninhabited place wounded or in danger og dying, is liable forabandonment of person in danger. [Art. 275, par.1]

Classification of felonies according to the means by which they are

committed:

(1) Intentional Felony / DOLO act or omission of offender is malicious or done with deliberate

intent (with malice) to cause an injury

(2) Culpable Felony Act or omission of offender not malicious; done unintentionally

Elements of DOLO and CULPA:

DOLO CULPA

(1) Freedom(2) Intelligence(3) Intent

(1) Freedom(2) Intelligence(3) Imprudence(4) Negligence(5) Lack of foresight or skill

Freedom if there is no freedom in such a person who acts under thecompulsion of an irresistible force is exempt from criminal liability

Intelligence if there is no intelligence, it will not be possible to determinethe morality of human acts, therefore no crime exists.

- Thus an imbecile or the insane, and the infant

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