Article 3

Question 1

ACTS

Answer 1

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

Question 2

OMISSION

Answer 2

failure to perform a positive duty which one is bound to do

Question 3

DOLO V. CULPA

Answer 3

dolo = deceit (deceiving someone by concealing the truth)
culpa = fault

Question 4

ELEMENTS OF FELONIES

Answer 4

1. That there must be an act or omission.
2. That said act or omission is punishable by the RPC
3. That the act is performed or the omission incurred is by means of dolo or culpa.

Question 5

EXTERNAL ACTS

Answer 5

• only external acts must be punished, because internal acts are beyond the sphere of penal law
• a criminal thought, no matter how immoral or improper, will never constitute felony

Question 6

FELONY BY OMISSION

Answer 6

1. Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded, or in danger, or dying, is liable for abandonment of persons in danger.
2. An officer entrusted with collection of taxes, who voluntarily fails to issue a receipt as provided by law, is guilty of illegal exaction.
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 the same to the proper authority, is liable for misprision of treason

Question 7

CLASSIFICATION OF FELONIES: INTENTIONAL V. CULPABLE FELONIES

Answer 7

intentional felonies
the act or omission of the offender is malicious (with deliberate intent); has the intention to cause harm to another.

culpable felonies
the act or omission of the offender is not malicious or is unintentional, it being an incident of another act performed without malice; still punishable but as a lesser degree and with an equal result

Question 8

IMPRUDENCE

Answer 8

indicates a deficiency of action; person fails to take the necessary precaution to avoid injury to person or damage of property

Question 9

NEGLIGENCE

Answer 9

indicates a deficiency of perception; persons fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused

Question 10

LACK OF FORESIGHT

Answer 10

usually involves negligence

Question 11

LACK OF SKILL

Answer 11

usually involves imprudence

Question 12

VOLUNTARY ACT OR OMISSION

Answer 12

1. RPC is based on the Classical Theory to which the basis of criminal liability is human free will.
2. Punishable acts or omissions are always deemed voluntary as humans are rational beings.
3. Whether dolo or culpa, both are voluntary as the former was done with deliberate intent and the latter was done by failing to do an act which material injury results

Question 13

DOLO OR MALICE REQUISITES

Answer 13

• Freedom – a person who acts under the compulsion of an irresistible force is exempt from criminal liability.
• Intelligence – no crime can exist without the necessary power to determine the morality of human acts
• Intent – intent to commit the act with malice, being purely a mental process, and the presumption arises from the proof of the commission of an unlawful act.

Question 14

MISTAKE OF FACT

Answer 14

is a misapprehension of fact on the part of the person who caused injury to another.

not criminally liable as he did not act with criminal intent

Question 15

REQUISITES FOR MISTAKE OF FACT AS A DEFENSE

Answer 15

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

Question 16

CRIMINAL INTENT REPLACED BY NEGLIGENCE

Answer 16

when committed by means of culpa

requisites:

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 lacks foresight or skill while doing the act or omitting to do the act.

Question 17

MALA IN SE

Answer 17

criminal acts that are wrong because they violate the moral, public, or natural principles of a society (murder, rape, robbery)

penalized by RPC

Question 18

MALA PROHIBITA

Answer 18

criminal acts that are wrong because they violate a statute or law rather than being an action that harms or offends society (parking violation, tax fraud, copyright violation)

acts made criminal by special laws

Question 19

INTENT V. MOTIVE

Answer 19

intent
the purpose to use a particular means to effect such result

motive
moving power which impels one to action for a definite result, not an essential element of crime

Question 20

MOTIVE RELEVANCE

Answer 20

IANC
I = dentity of the accused
A = ntagonistic theories
N = o eyewitnesses
C = circumstantial evidence of sufficient evidence

Question 21

IDENTITY OF THE ACCUSED

Answer 21

a. Proof of motive is not necessary to pin a crime on the accused if the commission of the crime has been proven and the evidence of identification is convincing.
b. When identity of person accused is in dispute, the motive is very relevant.
c. Motive is essential when there is doubt as to the identity of the assailant.
d. When the defendant admits the killing, inquiring for the motive is no longer necessary.
e. When there is no longer doubt that the defendant was the culprit, it becomes unimportant to know the exact purpose for the crime.

Question 22

ANTAGONISTIC THEORIES

Answer 22

Motive is important in ascertaining the truth between two antagonistic theories or versions of the killing

Question 23

NO EYEWITNESSES

Answer 23

Where there are no eyewitness or suspicion is likely to fall upon a number of persons, motive is significant

Question 24

CIRCUMSTANTIAL EVIDENCE OF SUFFICIENT EVIDENCE

Answer 24

a. If evidence is merely circumstantial, proof of motive is essential.
b. Proof of motive is not indispensable where guilty is otherwise established by sufficient evidence.