Art. 3. Acts and omissions punishable by 1.

FREEDOM OF ACTION - Refers to an

law are felonies (delitos). act done with deliberation and with power to
choose
Felonies are committed not only be means
of deceit (dolo) but also by means of fault between two things.
(culpa).
2. INTELLIGENCE - Concerns the ability to
There is deceit when the act is performed determine the morality of human acts, as well
with deliberate intent and there is fault as the
when the wrongful act results from
capacity to distinguish between a licit and an
imprudence, negligence, lack of foresight,
illicit act.
or lack of skill.
3. INTENT - Involves an aim or a
determination to do a certain act.
ELEMENTS OF FELONIES IN
GENERAL
2 KINDS OF CRIMINAL INTENT
1. An act or omission
1. GENERAL INTENT – It is presumed.
2. Act or omission punishable by the RPC
2. SPECIFIC INTENT – Must be proved
3. Act is performed or omission is incurred by
because it is an element of a felony such as
means of dol o or culpa.
intent
to kill in frustrated murder.
ACT - Any bodily movement tending to
produce some effects in the external world.
REQUISITES OF FAULT OR CULPA
OMISSION- Inaction, the failure to perform
an act one is bound to do. (CULPABLE FELONIES)
1. Freedom of action
IMPRUDENCE DISTINGUISHED FROM 2. Intelligence
NEGLIGENCE
3. Imprudent, negligent, or lack of foresight or
1. Imprudence involves lack of skill. lack of skill
Negligence involves lack of foresight
2. Imprudence involves a deficiency of action.
Negligence indicates a deficiency of
perception.
3. Failure to make precaution is imprudence.
Failure to use diligence is negligence.

Note: Both intentional felonies and culpable

felonies are voluntary, but in intentional felony
the act is malicious in culpable felony the act
is not malicious.
REQUISITES OF DOLO OR MALICE
INTENTIONAL CULPABLE
(INTENTIONAL FELONIES) FELONIES FELONIES

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 1. Freedom of 1. Freedom of Action - An act done by me against my will is not my
Action act.
2. Intelligence 2. Intelligence
3. Intent 3. Imprudence,
negligence, lack of CRIMES CRIMES MALA
foresight or lack of MALA IN PROHIBITA
skills. SE
BY 1. Those so 1.Violations of
IGNORANTIA LEGIS NON EXCUSAT DEFINITIO serious in mere rules of
N: effects on convenience
- Ignorance of the law excuses no one from society as to designed to
compliance the compliance therewith. call for secure a more
unanimous orderly
IGNORANTIA FACTI EXCUSAT condemnatio regulation of the
n of its affairs of
- Ignorance of facts excuses.
members. the society.
MISTAKE OF FACT – A misapprehension
of fact on the part of the person who caused BY 2. Wrongful 2. made wrongful
injury to another. It is a misapprehension of a NATURE in nature only by statute.
fact which, if true, would have justified the act since time Only made
immemorial. wrongful or
or omission which is the subject of the
illegal recently.
prosecution. An act which is
not
inherently
REQUISITES OF MISTAKE OF FACT immoral but
becomes so
1. The act would have been lawful had the because its
facts been as the accused believed them to be. commission is
expressly
2. The intention of the accused in performing
forbidden by
the act should be lawful. positive law.
3. That the mistake must be without fault or
carelessness on the part of the accused AS TO LAW 3. Generally, 3. Punished by
THAT mala in se special law
ACTUS NON FACIT REUM NISI MENS PUNISHES felonies are
SIT REA THE ACT defined and
penalized in
- The act itself does not make a man guilty the Revised
unless his intention was so. Penal Code.
A crime is not committed if the mind of the
person committing the act in question is AS TO 4. Generally 4. Generally do
innocent. MORAL involves not involve
TURPITUDE moral moral turpitude
For an act to be illegal, the person should do it
turpitude
with a guilty mind.

AS TO 5. intent is 5. Intent not

ACTUS ME INVITO FACTUS NONEST INTENT necessary necessary
MEUS ACTUS BASIC 6. Robbery, 6. Jaywalking,
EXAMPLES murder, rape, smoking in
physical public,

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 injuries etc voyeurism etc. done be different from that which
he intended.

Note: THE BETTER TEST TO 2. By any person performing an act

DETERMINE WHETHER AN ACT IS
MALA IN SE OR MALA PROHIBITA
- If the punishable act or omission is immoral
in itself, then it is a crime mala in se, if it is not
immoral in itself, but there is a statute
prohibiting its commission or by reasons of
public policy, then it is mala prohibita.
MOTIVE - The moving power which impels
one to action for a definite result.
INTENT - The purpose to use a particular
manes to effect such result. Motive is not an
element of a crime and need not be proved.
Intent is an element and must be proved.
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.
Rationale of Par. 1- EL QUE ES CAUSA DE
LA CAUSA ES CAUSA DEL MAL
CAUSADO
– He who is the cause of the cause is the cause
of the evil caused.
Article 4 (1) may refer to either:

Note: The prosecution is not required to prove a. ERROR IN PERSONAE – Mistake

the motive of the accused in committing the in identity of victim
crime in court. But in the following cases b. ABERRATIO ICTUS – Mistake in
motive must be proven: blow
c. PRAETER INTENTIONEM -
Result done is greater than that
1. When there is doubt whether the originally intended.
accused has committed the crime;
2. When the evidence against the LEGAL EFFECTS OF EACH
accused is only circumstantial; CIRCUMSTANCE
3. When the identity of the perpetrator is ABERATIO MISTAK EXAMP May
in doubt. ICTUS E IN THE LE: A produce
shot complex
BLOW
CRIMINAL LIABILITY – The obligation to B but hit crime.
serve the personal or imprisonment penalties C instead
but it also includes the liability to pay the fines
or pecuniary penalties.
ERROR IN MISTAK May result
PERSONAE E IN EXAMP to a lower
IDENTIT LE: A penalty.
Art. 4. Criminal liability shall be incurred: Y shot
B
thinking
1. By any person committing a felony it was V
(delito) although the wrongful act

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PRAETER RESULT EXAMP May have 1. There is an active force that
GREATE LE: A the effect of intervened between the felony
INTENTION R pushed B mitigating committed and the resulting injury;
EM THAN with no circumstanc 2. The resulting injury is due to the
INTEND intent to e. intentional act of the accused.
ED kill, but
B
fell head
first IMPOSSIBLE CRIMES – Those crimes
killing which would have been committed against
the latter person or property were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means. The purpose of the law in
punishing impossible crime is to suppress
REQUISITES OF ART. 4 (1) criminal propensities or tendencies. The
penalty for impossible crime is arresto mayor
or fine of ₱200-500.
1. An intentional Felony has been
committed.
2. The wrong done to the victim be the REASON FOR PUNISHING
direct, natural and logical consequence IMPOSSIBLE CRIMES
of the felony committed by the
offender. – The reason for punishing impossible crimes
3. The felony done must be the is that subjectively the offender is a criminal
proximate cause of the resulting but objectively no crime is committed.
injury.

PROXIMATE CAUSE – That cause which REQUISITES OF IMPOSSIBLE CRIMES

in the ordinary and continuous sequence,
unbroken by any efficient intervening cause 1. The act performed would have been
produces the injury. an offense against persons or property.
2. The act was done with evil intent

EFFICIENT INTERVENING CAUSE –

Those that break the relation of cause and
effect. It is the new and independent act which
itself is a proximate cause of an injury and
which breaks the causal
connection between the original wrong and the
injury.
The felony committed is not the proximate
cause of the resulting injury when:
3. Its accomplishment is inherently
impossible because it the means either
inadequate or ineffectual
4. The act does not constitute another
violation of the RPC.
Art. 5. DUTY OF THE COURT IN
CONNECTION WITH ACTS WHICH
SHOULD BE REPRESSED BUT WHICH
ARE NOT COVERED BY THE LAW,
AND IN CASES OF EXCESSIVE
PENALTIES.

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— Whenever a court has knowledge of any act 1. INTERNAL ACTS – These are the
which it may deem proper to repress and mere ideas in the mind of a person/not
which is not punishable by law, it shall render punishable.
the proper decision, and shall report to the
Chief Executive, through the Department of
Justice, the reasons which induce the court to 2. EXTERNAL ACTS – Divided into:
believe that said act should be made the
subject of legislation.
a. PREPARATORY ACT-
In the same way, the court shall submit to the
Ordinarily not punishable.
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of
the sentence, when a strict enforcement of the b. ACTS OF EXECUTION-
provisions of this Code would result in the They are the stages. Already
imposition of a clearly excessive penalty, punishable. The acts of
taking into consideration the degree of malice execution are:
and the injury caused by the offense.

1. Attempted felony
STAGES IN THE EXECUTION OF A 2. Frustrated felony
FELONY (Art.6) 3. Consummated felony

1. CONSUMMATED – When all the

elements necessary for its
accomplishment and execution are
present
2. FRUSTRATED – When the offender
performs all the acts of execution
which would produce the felony as a
consequence but which, nevertheless
do not produce it by reason of causes
independent of the will of the
perpetrator.
3. ATTEMPTED – When the offender
commences the commission of a
felony directly by overt acts, and does
not perform all the acts of execution
which should produce the felony by
reason of some cause or accident other
than his own spontaneous desistance.
DEVELOPMENT OF A CRIME
COGITATIONIS POENAM NEMO
EMERET
– No one may be punished for his evil
thoughts
ATTEMPTED FELONY REQUISITES
a. Offender commences the
commission of a felony
directly by overt acts
b. He does not perform all the
acts of execution
c. He is not stopped by his own
spontaneous desistance
d. The non performance of the
all acts of execution was due
to cause or accident other than
his own spontaneous
desistance.

SHAI G. 5
WHEN IS A FELONY COMMENCED BY
OVERT ACTS?
a. There must be external act;
b. The external act must have direct
connection with the crime intended to
be committed.
INDETERMINATE OFFENSE – It is one
where the purpose of the offender in
performing an act is not certain
OVERT ACT – Some physical activity or
deed more than a mere planning or
preparation, which if carried out to its
complete termination following its natural
course, without being frustrated by external
obstacles nor by the voluntary desistance of
the perpetrator, will logically and naturally
ripen in a concrete offense.
SPONTANEOUS DESISTANCE – It refers
to the act of would-be offender in not pursuing
the performance of all the acts of execution.
RATIONAL FOR SPONTANEOUS
DESISTANCE – A sort of reward to those
who heed the call of conscience and return to
the path of righteousness. But the desistance
should be made before all the acts of execution
are performed.
FRUSTRATED FELONY REQUISITES
1. Offender performs all the acts of
execution
2. Felony is not produced
3. By reason of cause independent of the
will of the perpetrator
SHAI G.
Q: How to determine whether a crime is
attempted, frustrated or consummated?
A: Consider the following:
a. The elements present
b. the nature of the offense
c. the manner of the commission of the
crime
FORMAL CRIMES vs. MATERIAL
CRIMES
FORMAL CRIMES – Crimes consummated
in one instant. There is only one stage and that
is consummated stage.
MATERIAL CRIMES – Have three stages
of execution: attempted, frustrated and
consummated.
SUBJECTIVE PHASE – That portion of the
acts constituting the crime, starting from the
point where the offender begins the
commission of the crime to the point where he
still has control over his act and their natural
course. If the act is still in subjective phase,
the crime is attempted. If between these two
points the offender is stopped by any cause
outside of his own voluntary desistance, the
subjective phase has not been passed and it is
an attempt.
If he is not so stopped but continues until he
performs the last act, it is frustrated, provided
the crime is not produced. This is the
OBJECTIVE PHASE of the crime. If the act
has passed the subjective phase, the crime is
either frustrated or consummated.
6
DISTINCTIONS BETWEEN
FRUSTRATED AND ATTEMPTED
FELONY

1. In frustrated felony, the offender has

performed all the acts of execution
which should produce the felony as a
consequence; whereas in attempted
felony, the offender merely
commences the commission of a
felony directly by overt acts and does
not perform all the acts of execution.
2. In frustrated felony, the reason for the
non-accomplishment of the crime is
some cause independent of the will of
the perpetrator; on the other hand, in
attempted felony, the reason for the
non-fulfillment of the crime is a cause
or accident other than the offender’s
own spontaneous desistance.
3. When the accused intended to kill his
victim, as manifested by his use of a
deadly weapon in his assault, and his
victim sustained fatal or mortal
wound/s but did not die because of
timely medical assistance, the crime
committed is frustrated murder or
frustrated homicide depending on
whether or not any of the qualifying
circumstances under Article 249 of the
Revised Penal Code are present.
However, if the wound/s sustained by
the victim in such a case were not fatal
or mortal, then the crime committed is
only attempted murder or attempted
homicide. If there was no intent to kill
on the part of the accused and the
wound/s sustained by the victim were
not fatal, the crime committed may be
serious, less serious or slight physical
injury.

SHAI G. 7