Mount Carmel College of Baler

Criminal Justice Education

CRIMINAL LAW 1

MODULE 3 ELEMENT AND PHASES OF

FELONY

I:INTRODUCTION
How are you holding, dear students? Today is still your “out” session. I am expecting that you are
doing your activities on time and finish within the time allotted for you. Let’s learn together and keep
our spirits high! Now, we will learn the elements and phases of crime. Ready? Let’s start!

Productivity Tip:
To accomplish any task in this new normal, discipline, commitment and perseverance are the keys. Set
your alarm and follow the indicated time that you finish the activities. Listen to your instructor and be
willing, more than ever, to learn. Education has never been this important. Stay strong!

II : INTENDED LEARNING OUTCOME

At the end of this lesson, the students shall be able to:
1. Explain the elements of felony; and
2. Classify the two different phases of a felony

III: LEARNING ACTIVITY

PART 1 WHAT I KNOW CHART
Activity 1: Answer the What I Know Chart, part 1
Again, I have three (3) questions in the 2nd column of the table. By now, you already know how to
answer this activity, for sure. You answer with all honesty what you know about it. No pressure, dear.
Your answers will not be taken against you, okay? So, you will be given 3 minutes to answer this. You
start answering now.

WHAT I KNOW QUESTIONS WHAT I LEARNED

1. What comes first, the
law or the crime?
(looking at the legal
perspective)
2. What is crime?
3. What’s the importance
of the elements of the
crime?

Part 2 : topic
2) activity 2 Read its contents

Crime is an act committed or omitted in violation of a public law forbidding or commanding it. (I
Bouvier's Law Dictionary, Rawle's Third Revision, 729)

Crime is also a generic term used for any violation of the Revised Penal Code or Special Law.
However, for Criminal Law, below are the legal terms for violations of different laws:
1. Felony refers to violations of the Revised Penal Code;
MARLON 1
 Mount Carmel College of Baler
Criminal Justice Education
CRIMINAL LAW 1

2. Offense or statutory offense refers to violations of special law; and

3. Misdemeanor refers to a minor infraction of the law, such as a violation of an ordinance.

Today, we will focus on felony.

Art. 3. Definition. — Acts and omissions punishable by law are felonies (delitos).Felonies are
committed not only by means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful
act results from imprudence, negligence, lack of foresight, or lack of skill.
Elements of felonies

The elements of felonies in general are:

1. That there must be an act or omission;
 Act refers to any kind of body movement which tends to produce some effect in the external
world;includes possession.
 Omission refers to the failure to perform a positive duty which one is bound to do under the
law.
Here, it is important that there is a law requiring the performance of an act; if there is none, there
is no liability.
Example: Failure to render assistance, failure to issue receipt (special law) or non-disclosure of
knowledge of conspiracy against the government.
For an act to be punishable, there must be a CONCURRENCE BETWEEN THE ACT and the
INTENT.

2. That the act or omission must be punishable by the Revised Penal Code; and
3. That the act is performed or the omission incurred by means of dolo or culpa. (People vs.
Gonzales, G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324)

 Dolo is DELIBERATE INTENT, otherwise referred to as criminal intent, and must be

coupled with freedom of action and intelligence on the part of the offender as to the act done by
him.

Requisites of Dolo:
1. Freedom;
2. Intelligence; and
3. Intent

 Culpa (CONSTRUCTIVE INTENT)- Although there is no intentional felony, there could be

culpable felony.
The act or omission is not malicious; the injury caused being simply the incident of another act
performed without malice.

The element of criminal intent is replaced by negligence, imprudence, lack of foresight or lack of skill.
Thus, the requisites are the following:
1. Freedom;
2. Intelligence; and

MARLON 1
 Mount Carmel College of Baler
Criminal Justice Education
CRIMINAL LAW 1

3. Negligence (deficiency of perception) or imprudence (deficiency of action)

Phases of Felony

Subjective Phase
 It is that portion of the acts constituting the crime, starting from the point where the offender
begins the commission of the crime to that point where he has still control over his acts,
including their (acts') natural course.

Objective phase
 The result of the acts of execution, that is, the accomplishment of the crime.

The Manner of Committing the Crime

1. Formal Crimes - consummated in one instant, no attempt. (a) Ex. Slander and false testimony
(b) There can be no attempt, because between the thought and the deed, there is no chain of acts
that can be severed.
2. Material Crimes – have three stages of execution Thus, in determining the stage of some
crimes, the manner of execution becomes pivotal in determining the end of the subjective
phase, i.e. once the offender performs the act in the manner provided for in the law, HE IS
ALREADY DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS EXECUTION.
3. Crimes consummated by mere attempt or proposal by overt act. (a) Ex. Flight to enemy‘s
country (Art. 121) and corruption of minors (Art. 340)
4. Felony by omission (a) There can be no attempted stage when the felony is by omission,
because the offender does not execute acts, he omits to perform an act which the law requires
him to do.
5. Crimes requiring the intervention of two persons to commit them are consummated by mere
agreement. (a) In bribery, the manner of committing the crime requires the meeting of the
minds between the giver and the receiver. (b) When the giver delivers the money to the
supposed receiver, but there is no meeting of the minds, the only act done by the giver is an
attempt.

IV; LEARNING ACTIVITY

Activity 3: Skill-building Activities
A. Instruction: In this activity, I want you think of five (5) ACTS and OMISSIONs which constitute a
crime. Write your answers in the table provided below.
ACT OMISSION
1 1
2 2
3 3
4 4
5 5

MARLON 1
 Mount Carmel College of Baler
Criminal Justice Education
CRIMINAL LAW 1

B; B) Instruction: Compose your own criminal case scenario where all the elements of dolo (type of a
felony) are present. Then, determine which part of the case constitutes each element. Write your
answers below.

Case Scenario

Which part of the case constitutes the following elements? Write your answers on the space provided.
Freedom:

Intent:

Intelligence

4 Activity 4: What I Know Chart, part 2

If you noticed, this table is the same with the first table you suppose to answer after reading the
concept and answering the activities above. Now, since you have already understood the concepts, let
us now answer the 3rd column with the heading, “What I learned” and compare. The moment you
answer the questions in the first column and when you answered in the third column. What’s the
difference?

5) Activity 5: Check for Understanding

Instruction: Below are different forms of crimes. Determine whether the manner of the commission of
the crime is formal or material. Write “F” for formal crime and “M” for material crime. Write your
answer in the space provided before the number. (2 points each)
_______1. Murder
_______2. Robbery
_______3. Libel
_______4. Estafa
_______5. Serious Physical Injury
_______6. Violation of Bouncing Check Law

MARLON 1
 Mount Carmel College of Baler
Criminal Justice Education
CRIMINAL LAW 1

_______7. Act of Lasciviousness

_______8. Jay Walking

V ASSESSMENT
1. What’s the importance of subjective and objective phase?
ANS

2. What are the stages of the commission of the crime?

- ANS

VI LESSON WRAP-UP
A:Thinking about Learning
A. Work Tracker
You are done with this session! Let’s track your progress. Shade the session number you just
completed. Since this is our 3rd lesson for the semester, you shade the no. 3 under P1. Great!

M F
1 2 3 4 5 6 7 8 9 10 11 112 13 14 15 16 17 18 19 20 21 22

B. Think about your Learning

Are you still having difficulty answering modules during “out” session? Don’t worry. You will
overcome this!

DATES
LEARNING TARGET/TOPIC
What module # did you do today?
What were the learning objectives?
SCORES
What were your scores in the activities
ACTION PLAN
What contributed to your performance
today? What will you do next session to
maintain your performance or improve
it?

VII;REFERENCES

MARLON 1
 Mount Carmel College of Baler
Criminal Justice Education
CRIMINAL LAW 1

Text book
1. The Revised Penal Code :Criminal law Book one by Luis Reyes .nineteenth edition ,201
2. The Revised Penal code Codal 2000 edition
3. The 1987 Constitution by Joaquin G Bernas ,S,J
4. The revised Penal code by Atty Makamasa A Gapit 20013

MARLON 1