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RPC Title I - CH I Felonies

1. A felony is committed when all necessary elements are present to carry out and accomplish the act. It is frustrated when the offender does all acts to carry out the felony but it does not occur due to independent causes. 2. There is an attempt when the offender begins committing a felony directly but does not complete all acts needed to carry it out due to some cause or spontaneous desistance. 3. Felonies can be committed through deceit (intentional acts) or fault (unintentional acts due to imprudence, negligence, or lack of skill) and the act or omission must be punishable by law.

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Pearl Anne Gumapos
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90 views2 pages

RPC Title I - CH I Felonies

1. A felony is committed when all necessary elements are present to carry out and accomplish the act. It is frustrated when the offender does all acts to carry out the felony but it does not occur due to independent causes. 2. There is an attempt when the offender begins committing a felony directly but does not complete all acts needed to carry it out due to some cause or spontaneous desistance. 3. Felonies can be committed through deceit (intentional acts) or fault (unintentional acts due to imprudence, negligence, or lack of skill) and the act or omission must be punishable by law.

Uploaded by

Pearl Anne Gumapos
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© © All Rights Reserved
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FELONIES  A felony is consummated when all the elements

necessary for its execution and accomplishment


are present; and it is frustrated when the
Art. 3 --Acts and omissions punishable by law offender performs all the acts of execution which
are f​ elonies (delitos). would produce the felony as a consequence but
which, nevertheless, do not produce it by reason
Felonies ​ are committed not only by means of of causes independent of the will of the
deceit (dolo) ​but also by means of ​fault perpetrator.
(culpa).
There is an attempt when the offender
There is deceit when the act is performed with commences the commission of a felony directly
deliberate intent; ​and there is fault when the or over acts, and does not perform all the acts of
wrongful act r​ esults from i​ mprudence, execution which should produce the felony by
negligence, lack of foresight, or lack of skill. reason of some cause or accident other than
this own spontaneous desistance.
Felonies ​- acts and omissions punishable by the
RPC. Note: Only external act is punished. ​The act
must be external, because internal acts are
Elements of felonies: beyond the sphere of penal law.

1. There must be an act or omission OMISSION


2. That the act or omission must be
punishable by law Omission
3. That the act or omission is incurred by - “Inaction”
means of dolo (deceit) or culpa (fault). - The failure to perform a positive duty
which one is ​bound​ t​ o do.
ACT
Note​: In felonies by omission: there is a law
Act​ - understood as any bodily movement requiring a certain act to be performed and the
tending to produce some effect in the ​external person required to do the acts fails to perform it.
world​. It’s not necessary that the effect be The omission must be punishable by law.
produced as the mere possibility of its BECAUSE THERE IS NO LAW THAT
production is sufficient. PUNISHES A PERSON WHO DOES NOT
REPORT TO THE AUTHORITIES THE
BUT THE ACT MUST BE ONE WHICH IS COMMISSION OF A CRIME WHICH HE
DEFINED IN THE AND PUNISHABLE BY THE WITNESSED, THE OMISSION TO DO SO IS
RPC--OR AT LEAST, IS AN OVERT ACT OF NOT A FELONY.
THAT FELONY WHICH IS AN EXTERNAL
ACT THAT HAS DIRECT CONNECTION WITH PUNISHABLE BY LAW
THE FELONY INTENDED TO BE - Is based on the maximum: “​nullum
COMMITTED. (See Art. 6) crimen, nulla poena, sine lege”; there is
no crime where there is no law to punish
Note: ​Art. 6 - Art. 6. Consummated, frustrated, it.
and attempted felonies. — Consummated - Is understood as “punishable by the
felonies as well as those which are frustrated RPC.” (and not by a special law)
and attempted, are punishable.
Note: Felony is distinguished from “crime” and Note: There is an act performed voluntarily and
“offense” which are applied to ​infractions of the intentionally, and another committed
law punished by special statues. unconsciously and quite unintentionally.

Classification of felonies accdng to the


means by which they are committed:

1. Intentional felonies (deceit)


2. Culpable felonies (fault)

Intentional felonies

- The act or omission of the offender is


malicious; ​it is done with deliberate
intent (with malice)
- The offender performed it with the intent
to cause an injury to another

Deceit = dolo = dolus (is equivalent to alive,


which is the intent to do an injury to another)

“...has the intention to do an injury to the person,


property, or right of another…”

Note​: Most of the felonies defined and penalized


in Book II of the RPC are committed by means
of dolo or with malice. There are few felonies
committed by means of fault or culpa.

Note:

Art. 217 - punishes malversation through


negligence
Art. 365 - acts by imprudence or negligence

Note: ​There are crimes which cannot be


committed through imprudence or negligence,
such as, murder, treason, robbery, and
malicious mischief.

Culpable felonies

- The act or omission is not malicious


- The injury caused by the offender to
another person is “unintentional, it being
simply the incident of another act
performed without malice.”

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