Article 3

Question 1

What are felonies?

Answer 1

Acts and omissions punishable by the RPC

Question 2

Latin for felonies

Answer 2

delitos

Question 3

Under Art. 3 of the RPC, when is there deceit?

Answer 3

When the act is performed with deliberate intent

Question 4

Under Art. 3 of the RPC, when is there fault?

Answer 4

When the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

Question 5

Elements of felonies(3)

Answer 5

1. That there must be an ACT or OMISSION
2. That the act or omission must be PUNISHABLE by the RPC
3. That the act is performed or the omission incurred by means of DOLO OR CULPA

Question 6

What is an act under Art. 3 of the RPC?

Answer 6

Any bodily movement tending to produce some efefct in the external world, it being unnecessary that the same be actually produced, as the possiblity of its production is sufficient

Question 7

Are internal acts punishable?

Answer 7

No. Only external acts are punishable

Question 8

What do you mean by omission under Art. 3 of the RPC?

Answer 8

Inaction, the failure to perform duty which one is bound to do. There must be a law requiring the doing or performance of an act

Question 9

Examples of felony by omission (3)

Answer 9

1. Anyone who fails to render assistance to any person whom he finds in an uninhabited placce wounded or in danger of dying, is liable for ABANDONMENT OF PERSONS IN DANGER (Art 275, par.1)
2. An officer entrusted with collection of taxes who voluntarily fails to issue a receipt as provided by law, is guilty of ILLEGAL EXACTION (Art. 213, Par. 2[b])
3. Every person owing allegiance to the Philippines, without being a foreigner, and having knowledge of any conspiracy against the government, who does not disclose and make know the same to the propert authority, is liable for MISPRISION OF TREASON (Art. 116)

Question 10

Is there a law that punishes a person who does not report to the authorities the commission of a crime which he witnessed? If so, what Article in the RPC?

Answer 10

None

Question 11

English for nullum crimen nulla poena sine lege

Answer 11

There is no crime where there is now law punishing it

Question 12

Classification of felonies according to the means by which they are committed (2)

Answer 12

1. Intentional felonies
2. Culpable felonies

Question 13

Latin for deceit, but the proper translation should have been malice

Answer 13

Dolo

Question 14

Latin for fault

Answer 14

Culpa

Question 15

Distinguish intentional felonies from culpable felonies

Answer 15

1. In intentional felonies, the act or omission of the offender is MALICIOUS(with malice), while in culpable felonies the act or omission of the offender is NOT MALICIOUS. Only unintentional (without malice)

Question 16

Under Art. 3, culpa results from? (4)

Answer 16

1. Imprudence
2. Negligence
3. Lack of foresight
4. Lack of skill

Question 17

Felonies committed by means of fault or culpa (3)

Answer 17

1. Malversation through negligence (Art. 217)
2. Evasion through negligence (Art. 224)
3. Acts by imprudence or neglgence, which, had they been intentional, would constitute grave, less grave or light felonies (Art. 365)

Question 18

Cimes which cannot be committed throuhg imprudence or negligence (4)

Answer 18

1. Murder
2. Treason
3. Robbery
4. Malicious mischief

Question 19

What does imprudence indicate?

Answer 19

Deficiency of action or lack of skill

Question 20

What does negligence indicate?

Answer 20

Deficiency of perception or lack of foresight

Question 21

When is there imprudence?

Answer 21

When a person failts to take the necessary precaution to avoid injury to person or damage to property

Question 22

When is there negligence?

Answer 22

When a person failts to pray proper attention and to use due diligence in foreseeing the injury or damage impending to be caused

Question 23

Reason for punishing acts of negligence

Answer 23

A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment

Question 24

Presumpion on a criminal act if it be voluntary or involuntary

Answer 24

A criminal act is presumed to be voluntary

Question 25

Three reasons why the act or omission in felonies must be voluntary

Answer 25

1. The RPC continues to be based on the Classical Theory according to which 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. One must prove that his case falls under Art. 12 to show that his act or omission is not voluntary 3. In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntary; and in felonies by culpa, the imprudence consts in voluntarily, but without malice, doing or failing to do an act from which material injury results

Question 26

Requisites of dolo or malice (3)

Answer 26

1. He must have FREEDOM while doing an act or omitting to do an act; 2. He must have INTELLIGENCE while doing the act or omitting to do the act; 3. He must have INTENT while doing the act or omitting to do the act

Question 27

What does intent presuppose?

Answer 27

The exercise of freedom and the use of intelligence One who acts without freedom necessarily has no intent to do an injury to another. One who acts without intelligence has no such intent

Question 28

How is existent of intent shown?

Answer 28

Through the overt acts of the person

Question 29

Is criminal intent presumed from the commission of an unlawful act?

Answer 29

Yes

Question 30

what do you mean by *ignorantia facti excusat*

Answer 30

Ignorance or mistake of fact relieves the accused from criminal liability

Question 31

What is a mistake of fact?

Answer 31

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

Question 32

Does an honest mistake of fact destroy the presumption of criminal intent which arises upon the commission of a felonious act?

Answer 32

Yes

Question 33

Requisites of mistake of fact as sa defense (3)

Answer 33

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; and 3. That the mistake must be without fault or carelessness on the part of the accused

Question 34

Can lack of intent to commit a crime be inferred from the facts of the case?

Answer 34

Yes

Question 35

Is it still a mistake of fact if the act done would have been lawful, had the facts been as the accused believed them to be?

Answer 35

Yes. In other worders, the act done would not constitute a felony had the facts been as the accused believed them to be

Question 36

Is there still a mistake of fact if it had fault or carelessness on the part of the accused?

Answer 36

No. It must be without fault or carelessness on the part of the accused

Question 37

Does the lack of intent to kill the deceased, because his intention was to kill another, relieve the accused from criminal responsibility?

Answer 37

No

Question 38

In mistake of fact, is it required that the intention of the accused in performing the act be lawful?

Answer 38

Yes. It should be lawful

Question 39

If the accused is negligent, can the accused raise mistake of fact as a defense?

Answer 39

No

Question 40

Is criminal intent necessary in felonies committed by means of dolo?

Answer 40

Yes. Under the legal maxims *actus non facit reum nisi mens sit rea* and *actus me invito factus non est meus actus*

Question 41

English for *actus non facit reum nisi mens sit rea*

Answer 41

The act itself does not make a man guilty unless his intention were so

Question 42

English for *actus me invito factus non est meus actus*

Answer 42

An act done by me against my will is not my act

Question 43

Distinction between general intent and specific intent

Answer 43

In felonies committed by dolos, third element of voluntariness is general intent; whereas, in some particular felonies, proof of PARTICULAR SPECIFIC INTENT is required (i.e., for cimes against property, there must be intent to gain)

Question 44

When the accused is charged with intentional felnoy, is absence of criminal intent a defense?

Answer 44

Yes. All reasonable doubt to demonstrate error and not crime should be indulged in for the benefit of the accused

Question 45

Requisites for felonies committed by means of fault or culpa (3)

Answer 45

1. He must have FREEDOM while doing an act or omitting to do an act; 2. He must have INTELLIGENCE while doing the act or omitting to do the act; 3. He is IMPRUDENT, NEGLIGENT or LAACKS FORESIGHT or SKILL while doing the act or omitting to do the act

Question 46

Is mistake in the identity of the intended victim reckless imprudence?

Answer 46

No. Mistake in the identity of the intended victime is not reckless imprudence

Question 47

What is the third class of crimes other than intentional and culpable felonies?

Answer 47

Those defined and penalized by special laws which includes crimes punished by municipal or city ordinances

Question 48

Is dolo required in crimes punished by special laws?

Answer 48

No

Question 49

If the accused had no intent to perpetrate the act prohibited, can they be punished by the special law?

Answer 49

No

Question 50

Are good faith and absence of criminal intent valid defenses in crimes punished by special laws?

Answer 50

No

Question 51

Distinguish *mala in se* and *mala prohibita* (2)

Answer 51

1. *Mala in se* are wrongful from their nature, such as theft, rape, homicide, while *mala prohibita* are wrong merely because prohibited by statute, such as illegal possession of firearms 2. *Mala in se* refers generally to felonies defined and penalized by the RPC, while *mala prohibita* refers generally to acts made criminal by special laws

Question 52

When an act is inherently immoral but punished by special laws, is it *mala prohibita*?

Answer 52

No, it's still *mala in se*

Question 53

Distinguish motive from intent (2)

Answer 53

1. Motive is the moving power which impels one to action for a definite result while intent is the purpose to use a particular means to effect such result 2. Motive is not an essential element of a crime and hence, need not be proved for purposes of conviction; while intent is an essential element of a crime, which needs to be proved

Question 54

In what cases is motive relevant? (4)

Answer 54

1. Identity of the accused 2. Antagonistic theories 3. No eyewitnesses 4. Circumstancial evidence or sufficient evidence

Question 55

How is motive proved?

Answer 55

It is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense

Question 56

Can lack of motive be an aid in showing the innocense of the accused?

Answer 56

Yes