CHAPTER II: FELONIES
Definition of Felony (Article 3, Revised Penal Code)
A felony is an act or omission punishable by law committed:
Voluntarily, and
With criminal intent or by reason of fault or negligence.
Classification of Felonies
1. According to Manner of Commission
o Intentional Felonies (Dolo)
Committed with deliberate intent.
Elements:
Freedom
Intelligence
Intent (criminal purpose)
o Culpable Felonies (Culpa)
Committed through fault or negligence.
No intent, but there is imprudence, lack of foresight, or lack of skill.
Elements of Felony by Dolo (Intentional)
1. Freedom – The act is done voluntarily.
2. Intelligence – The person has mental capacity to understand the act.
3. Criminal Intent (Dolo) – There is intent to commit the crime.
Elements of Felony by Culpa (Negligence)
1. Freedom
2. Intelligence
3. Negligence, imprudence, lack of foresight, or lack of skill
Requisites for Criminal Liability
The act or omission must be:
o Punishable by law, and
o Accompanied by either:
Intent (dolo), or
Fault (culpa)
Intent vs. Motive
Conce
Definition Relevance
pt
Purpose to commit
Intent Required for felonies
the act
Reason behind the Not essential for conviction, but may aid in
Motive
act identifying the accused
Proximate Cause
The direct, natural, and uninterrupted cause of the damage or injury.
It must be the legal cause without which the felony would not have resulted.
Doctrine of Aberratio Ictus
A person intending to injure one person but hits another by mistake.
Criminal intent is transferred to the actual victim.
Doctrine of Error in Personae
The offender mistakenly identifies the victim, thinking he is someone else.
Liability still attaches because of criminal intent.
Doctrine of Praeter Intentionem
The resulting injury is graver than intended.
The offender is still liable, but penalty may be mitigated.
Stages of Execution of a Felony
1. Consummated Felony – All elements necessary for execution and accomplishment are
present.
2. Frustrated Felony – The offender performs all acts of execution, but the felony is not
produced due to causes independent of the will of the offender.
3. Attempted Felony – The offender commences the felony directly by overt acts, but
does not perform all acts of execution due to some cause or accident other than
spontaneous desistance.
Spontaneous Desistance
If a person voluntarily stops before completing all acts of execution, there is no criminal
liability for the attempted felony, but there may be civil liability.
Impossible Crime (Article 4, par. 2)
A crime that cannot be completed because:
o The means employed are inadequate or ineffectual, or
o The object is improper, such as trying to kill a person who is already dead.
Requisites:
1. The act would have been a crime against persons or property.
2. Act was done with evil intent.
3. Accomplishment was inherently impossible or means were inadequate/ineffectual.