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Criminal Law 1: Chapter 1: Felonies

This document provides an overview of criminal law as it relates to felonies under Philippine law. It defines felonies as acts or omissions that are punishable by law, which must be committed with freedom, intelligence, and intent. For an act to be a felony it must be external, rather than an internal thought, and committed through deceit or fault. Fault can include imprudence, negligence, lack of foresight, or lack of skill. Omissions can also constitute felonies if there is a law requiring a positive duty be performed. Felonies are further classified as culpable or intentional. Criminal liability generally arises from voluntary acts, though acts executed negligently may also be considered voluntary.

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Gerolyn Del Pilar
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109 views3 pages

Criminal Law 1: Chapter 1: Felonies

This document provides an overview of criminal law as it relates to felonies under Philippine law. It defines felonies as acts or omissions that are punishable by law, which must be committed with freedom, intelligence, and intent. For an act to be a felony it must be external, rather than an internal thought, and committed through deceit or fault. Fault can include imprudence, negligence, lack of foresight, or lack of skill. Omissions can also constitute felonies if there is a law requiring a positive duty be performed. Felonies are further classified as culpable or intentional. Criminal liability generally arises from voluntary acts, though acts executed negligently may also be considered voluntary.

Uploaded by

Gerolyn Del Pilar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRIMINAL LAW 1

CHAPTER 1: FELONIES
Article 3 Definitions. Acts and Felonies – acts and omissions punishable by RPC.
omissions punishable by law are Requisites: Freedom, Intelligence and Intent
felonies (delitos). Elements of Felonies:
Felonies are committed not only be 1) There must be an act or omission.
means of deceit (dolo) but also by 2) That the act or omission must be punishable by the RPC
means of fault (culpa). 3) The acts is performed or the omission incurred by means of dolo (deceit) or culpa (fault)
There is deceit when the act is
performed with deliberate intent and Only External Act is punishable
there is fault when the wrongful act  The act must be external because internal acts are beyond the sphere of penal law.
results from imprudence, negligence, Hence, a criminal thought or a mere intention no matter how immoral or improper it may
lack of foresight, or lack of skill. be, will never constitute a felony.
 Thus, even if A entertains the killing of B, as long as he does not commence the
commission of the crime directly by overt acts, A is not criminally liable.
Omission
 Means inaction or the failure to perform a positive duty which one is bound to do. There
must be a law requiring the doing and performance of an act.
 It must be punishable by law (by RPC not Special law) because there is no law that punishes
a person who does not report to the authorities the commission of the crime which he
witnessed, the omission to do so is not a felony.

Nullum cimen, nulla poena sine lege – “There is no crime where there is no law punishing it”

Classification of Felonies
 Culpable- act or omission of the offender is not malicious (with intent to cause an injury to
another)
 Intentional – act of omission of the offender is malicious (untintentional injury resulting from
imprudence, negligence, lack of foresight or lack of skill)

A criminal act is presumed to be voluntary – Facts prevails over assumption and in the
absence of indubitable explanation, the act must be declared voluntary and punishable.
Acts executed negligently are voluntary
 Based on Classical Theory – criminal liability is human’s freewill.
 Since a man is a rational being (one must prove that omission is not voluntary under Art.
12)
 Dolo – cupla and intentional felonies are voluntary.

Del Pilar, G.
CRIMINAL LAW 1
Article 4. Criminal liability. Criminal RATIONALE – “el que es causa de la causa es cause del mal causado” (he who is the cause of
liability shall be incurred: the cause is the cause of the evil caused)

1. By any person committing a


felony (delito) although the
wrongful act done be different
from that which he intended.

2. By any person performing an


act which would be an offense
against persons or property,
were it not for the inherent
impossibility of its
accomplishment or an account
of the employment of
inadequate or ineffectual
means.

Del Pilar, G.
CRIMINAL LAW 1

Del Pilar, G.

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