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The Revised Penal Code Republic Act 3815: Felonies

(1) The revised penal code classifies felonies into two categories: intentional felonies and culpable felonies. Intentional felonies involve deliberate intent and require freedom, intelligence, and intent. Culpable felonies involve imprudence, negligence, lack of foresight, or lack of skill. (2) For a felony to be committed, both the mens rea (guilty mind) and actus rea (guilty act) must be present. The actus rea must be an external or overt act, while internal acts alone do not constitute a felony. Felonies can also be committed through culpable omissions if a law requires the performance of

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129 views12 pages

The Revised Penal Code Republic Act 3815: Felonies

(1) The revised penal code classifies felonies into two categories: intentional felonies and culpable felonies. Intentional felonies involve deliberate intent and require freedom, intelligence, and intent. Culpable felonies involve imprudence, negligence, lack of foresight, or lack of skill. (2) For a felony to be committed, both the mens rea (guilty mind) and actus rea (guilty act) must be present. The actus rea must be an external or overt act, while internal acts alone do not constitute a felony. Felonies can also be committed through culpable omissions if a law requires the performance of

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joshua cromwell rivero
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© © All Rights Reserved
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THE REVISED

PENAL CODE
REPUBLIC ACT 3815

Felonies
Lesson Objectives

1. Contribute meaningful discussions in


support of the topic on Felonies.
2. Construct a descriptive table outlining the
subject matter.
3. Reconstruct real-life situations in support of
the legal concepts
ART 3 RPC

ACTS

Punishable
by the RPC DELITOS

OMISSIONS
MENS REA and ACTUS REA

MENS REA ACTUS REA


- A wrongful act in
furtherance of a
- Wrongful wrongful criminal
criminal intent intent

- Mere intent; no - To incur liability for


overt act= NOT a DOLO, mens rea and
actus rea must both
crime be present.

E.g.: SIMPLE THEFT


(1) FELONIES – acts or omissions punishable by the RPC
(2-4) INTENTIONAL FELONIES (5-8) CULPABLE FELONIES
- Those committed with malice or deliberate - those committed as a result of imprudence,
intent. negligence, lack of foresight or lack of skill
- Requisites: - Requisites:
1. FREEDOM
1. FREEDOM 2. INTELLIGENCE
2. INTELLIGENCE 3. IMPRUDENCE/ NEGLIGENCE
3. INTENT
Elements of DOLO Elements of CULPA
FREEDOM – that the act or omission was Freedom
VOLUNTARY and without external
compulsion
INTELLIGENCE – capacity to understand the Intelligence
consequences of an act (perpetrators should not
be a minor, insane or imbecile)
INTENT – (9) NEGLIGENCE (10)IMPRUDENCE
This is presumed upon the commission of - Lack of foresight -Lack of skill
an unlawful act. - Deficiency of -Deficiency of action
It is for the accused to disprove otherwise. perception - You have no skill and
- You had the skill but yet you opted to do the
you were not careful act
FELONIES
ACTS - any bodily movement tending to produce some effect in
the external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient.
-The act must be one which is defined by the RPC
INTERNAL
ACTS Punisha Examples:
(MENS ble?

REA)
X The ACT must be EXTERNAL, because INTERNAL acts
are beyond the sphere of penal law. Hence, a criminal
thought or a mere intention, no matter how immoral or
improper it may be, will never constitute a felony.

Thus, even if A entertains the idea of taking the gadget of B, for as


long as he does not commence the commission of the crime directly
by overt act, A is NOT criminally liable.
EXTERNAL/ A took the gadget of B with intent to gain & without the consent of
OVERT the latter. The act of taking the gadget of B, with intent to gain,
ACTS constitutes the crime of theft.
(ACTUS
REA)
FELONIES by OMISSION
- By omission is meant inaction, the failure to perform a positive duty
which one is bound to do.
- There must be a law requiring the doing or performance of that
E particular act
X
A 1. Anyone who fails to render assistance to any person whom he
M finds in an uninhabited place wounded or in danger of dying, is
P liable for the crime under Art275 P1 RPC, Abandonment of
L Persons in Danger.
E
S 2. An officer entrusted with collection of taxes who voluntarily
fails to issue a receipt as provided by law, is guilty of the crime
under Art 213 P2(b) RPC, Illegal Exaction.

3. Every person owing allegiance to the Phils, without being a


foreigner, and having knowledge of any conspiracy against the
government, who does not disclose and make known the same
to the proper authority, is liable for the crime under Art 116
RPC, Misprision of Treason.
Remember: In both DOLO and CULPA,
VOLUNTARINESS is present
•All the requisites of VOLUNTARINESS (4th element of
felonies) in an intentional felony must be present because
“ a voluntary act is a free, intelligent, and intentional act.”
•Acts executed negligently are also voluntary.

Who are those deemed to have no freedom?

Answer:
1. Those who acts under the compulsion of an irresistible force;
and
2. Those who act under the impulse of an uncontrollable fear of
an equal or greater injury
?
Who are those exempt from criminal liability
because of the absence of intelligence?
Answer:
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval
2. A child 15 years of age or under at the time of the
commission of the offense
3. Child above 15 years but below 18 years of age unless
he acted with discernment, in which case, he should
be subject to the intervening program provided for
under RA 9344.
MALA IN SE MALA PROHIBITA
VS.
As to their
nature Acts wrong from their Wrong only because they
nature are prohibited by law
As to
materiality Intent is governing Good faith and lack of
of intent
intent are not valid defenses

As to law
punishing RPC Special Laws

As to stages
of execution Stages are considered: Immaterial
Attempted, Frustrated,
Consummated
As to persons
criminally Liability depends Immaterial
liable
whether the person is:
Principal, Accomplice,
Accessory
Synthesize
Prepared by Ms Mary Lea L Serafica (CD)

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