II.

FELONIES
UP TO
CLA SS IF I C A TI O N O F
FELO N I E S B A S E D O N
THEIR GRAVITY
 FELONIES

FELONIES PERTAIN TO THOSE SPECIFIC

CRIMES PENALIZED IN BOOK TWO OF THE
REVISED PENAL CODE, WHILE OFFENSES ARE
THOSE ACTS OR OMISSIONS PUNISHABLE
BY SPECIAL PENAL LAWS (SPL’S)
 HOW CRIMES ARE COMMITTED (ARTICLE 3)
ARTICLE 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.”
DEFINITION AND NATURE OF FELONIES

THE OFFENDER, IN PERFORMING THE ACT OR IN INCURRING THE

OMISSION, HAS THE INTENTION TO CAUSE AN INJURY TO
ANOTHER. IN CULPABLE FELONIES, THE ACT OR OMISSION OF THE
OFFENDER 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. (NOJARA, P. 131-132)
CLASSIFICATION OF FELONIES
• ACCORDING TO THE MEANS BY •ACCORDING TO THEIR STAGES OF
WHICH THEY ARE COMMITTED: EXECUTION

1. INTENTIONAL FELONIES 1. CONSUMMATED

2. CULPABLE FELONIES 2. FRUSTRATED

3. ATTEMPTED
CONT.

• ACCORDING TO GRAVITY
1. GRAVE FELONIES- THOSE TO WHICH THE LAW ATTACHES THE CAPITAL PUNISHMENT OR
PENALTIES WHICH IN ANY OF THEIR PERIODS IS AFFLICTIVE
2. LESS GRAVE FELONIES- THOSE TO WHICH THE LAW PUNISHES WITH PENALTIES WHICH IN THEIR
MAXIUM PERIOD ARE CORRECTIONAL
3. LIGHT FELONIES- THOSE INFRACTIONS OF LAW OR THE COMMISSION OF WHICH THE PENALTY OF
ARRESTO MENOR OR A FINE NOT EXCEEDING P40,000 OR BOTH IS PROVIDED. (NOJARA. P. 132-133)
GENERAL ELEMENTS OF FELONIES
• 1. THERE MUST BE AN ACT OR OMISSION;
-ACT: ANY BODILY MOVEMENT TENDING TO PRODUCE SOME EFFECT IN THE EXTERNAL WORLD.
-OMISSION: OMISSION IS A FAILURE TO ACT, WHICH GENERALLY ATTRACTS DIFFERENT LEGAL
CONSEQUENCES FROM POSITIVE CONDUCT. IN CRIMINAL LAW, AN OMISSION WILL
CONSTITUTE AN ACTUS REUS AND GIVE RISE TO LIABILITY ONLY WHEN THE LAW IMPOSED A
DUTY TO ACT AND THE DEFENDANT IS IN BREACH OF THAT DUTY.
2. THE ACT OR OMISSION MUST BE PUNISHABLE UNDER THE REVISED PENAL CODE; AND
3. THE ACT IS COMMITTED BY MEANS OF DOLO OR CULPA.
FELONIES THRU DOLO

• SINCE FELONY BY DOLO IS CLASSIFIED AS AN

INTENTIONAL FELONY, IT IS DEEMED VOLUNTARY. THE
ACT IS PERFORMED WITH DELIBERATE INTENT WHICH
IMPLIES THAT THE ACT IS VOLUNTARY OR FREELY
COMMITTED. DOLO INVOLVES MALICE OR DELIBERATE
INTENT. (NOJARA, P. 135)
ELEMENTS OF DOLO
• FREEDOM- IT REFERS TO AN ACT DONE WITH DELIBERATION AND WITH POWER TO
CHOOSE BETWEEN TWO THINGS.
• INTELLIGENCE- IT IS THE MORAL CAPACITY TO DETERMINE WHAT IS RIGHT FROM WHAT
IS WRONG AND TO REALIZE THE CONSEQUENCES OF ONE’S ACTS.
• INTENT- IT IS THE STATE OF MIND ACCOMPANYING AN ACT, ESPECIALLY A FORBIDDEN
ACT. IT REFERS TO THE PURPOSE OF THE MIND AND THE RESOLVE WITH WHICH A
PERSON PROCEEDS.
KINDS OF INTENT
• GENERAL CRIMINAL INTENT- IS AN ELEMENT OF ALL CRIMES. THE GENERAL CRIMINAL
INTENT IS PRESUMED FROM THE CRIMINAL ACT AND IN THE ABSENCE OF ANY GENERAL
INTENT IS RELIED UPON AS A DEFENSE, SUCH ABSENCE MUST BE PROVED BY THE
ACCUSED. IT IS PRESUMED OR INFERRED FROM THE VERY FACT THAT THE WRONGFUL
ACT IS DONE SINCE ONE IS PRESUMED TO HAVE WILLED THE NATURAL CONSEQUENCES
OF HIS OWN ACTS. (NOJARA, P. 143-144)

• SPECIFIC CRIMINAL INTENT- A SPECIFIC INTENT IS A DEFINITE AND ACTUAL PURPOSE TO

ACCOMPLISH SOME PARTICULAR THING. IT IS AN ELEMENT OF THE CRIME. THUS, IT IS
NECESSARY THAT IT MUST BE ESTABLISHED. IT CANNOT BE PRESUMED. (NOJARA, P. 145)
• MALICE IS A MENTAL STATE OR CONDITION PROMPTING THE DOING OF AN OVERT ACT WITHOUT
LEGAL EXCUSE OR JUSTIFICATION FROM WHICH ANOTHER SUFFERS INJURY.

• MALICE IN LAW IS THE INTENT, WITHOUT JUSTIFICATION EXCUSE OR REASON, TO COMMIT A

WRONGFUL ACT THAT WILL RESULT IN HARM TO ANOTHER. MALICE MEANS THE WRONGFUL
INTENTION AND INCLUDES ALL TYPES OF INTENT THAT LAW DEEMS TO BE WRONGFUL. (NOJARA, P.
155-156)
• DISCERNMENT IS THAT MENTAL CAPACITY OF
A MINOR TO FULLY APPRECIATE THE
CONSEQUENCES OF HIS UNLAWFUL ACT. IT IS
THE MENTAL CAPACITY TO UNDERSTAND THE
DIFFERENCE BETWEEN RIGHT AND WRONG.
DISCERNMENT IS RELEVANT ONLY IF THE
OFFENDER IS A MINOR. (NOJARA, P. 160-161)
• MOTIVE GENERALLY IS REFERRED TO AS THE REASON
WHICH PROMPTS THE ACCUSED TO ENGAGE IN A
PARTICULAR CRIMINAL ACTIVITY. IT CONSISTS OF
SPECIAL OR PERSONAL REASON WHICH MAY PROMPT
OR INDUCE A PERSON TO PERFORM THE ACT
CONSTITUTING A CRIME. IT IS THE MOVING POWER
WHICH IMPELS ONE TO ACT FOR A DEFINITE RESULT.
MOTIVE ALONE IS NOT A PROOF AND IS HARDLY EVEN AN
ESSENTIAL ELEMENT OF A CRIME. (NOJARA, P. 164)
FELONIES THRU CULPA

• IN CULPABLE FELONIES OR CRIMINAL NEGLIGENCE, THE INJURY INFLICTED ON

ANOTHER IS UNINTENTIONAL, THE WRONG DONE BEING SIMPLY THE RESULT OF AN
ACT PERFORMED WITHOUT MALICE OR CRIMINAL DESIGN. IN NEGLIGENCE OR
IMPRUDENCE (QUASI-OFFENSES) WHAT IS PRINCIPALLY PENALIZED IS THE MENTAL
ATTITUDE OR CONDITION BEHIND THE ACT, THE DANGEROUS RECKLESSNESS, LACK
OF CARE OR FORESIGHT. (NOJARA, P. 169)
ELEMENTS OF FELONIES BY MEANS OF CULPA:

Freedom
Intelligence
Negligence/Imprudence
CRIMINAL NEGLIGENCE

• NEGLIGENCE: IS THE FAILURE TO OBSERVE FOR

THE PROTECTION OF THE INTERESTS OF
ANOTHER PERSON THAT DEGREE OF CASE,
PRECAUTION, AND VIGILANCE WHICH THE
CIRCUMSTANCES JUSTLY DEMAND, WHEREBY
SUCH OTHER PERSON SUFFERS INJURY.
 MALA IN SE

• WRONG IN THEMSELVES, OR WRONGFUL FROM THEIR NATURE.

• THOSE SO SERIOUS IN THEIR EFFECTS ON SOCIETY AS TO CALL FOR ALMOST
UNANIMOUS CONDEMNATION OF ITS MEMBERS.

• DEFINED AND PENALIZED IN THE REVISED PENAL CODE.

• IF ACTS COMPLAINED OF ARE INHERENTLY IMMORAL EVEN IF THEY ARE PUNISHABLE
BY A SPECIAL LAW, THEY ARE DEEMED MALA IN SE. (NOJARA, P. 176)
 MALA PROHIBITA

• ACTS WHICH WOULD NOT BE WRONG BUT FOR THE FACT THAT POSITIVE LAW FORBIDS THEM.
• WRONG MERELY BECAUSE THEY ARE PROHIBITED BY STATUTE.
• DO NOT REQUIRE PROOF OF CRIMINAL INTENT.
• MALA PROHIBITA ARE RULES OF CONVENIENCE DESIGNED TO SECURE A MORE ORDERLY
REGULATION OF THE AFFAIRS OF SOCIETY, AND THEIR VIOLATION GIVES RISE TO CRIMES MALA
PROHIBITA. (NOJARA, P. 176-177)
 HOW CRIMINAL LIABILITY IS INCURRED (ARTICLE 4)

• ARTICLE 4. CRIMINAL LIABILITY. — CRIMINAL LIABILITY SHALL BE

INCURRED:
1. BY ANY PERSON COMMITTING A FELONY (DELITO) ALTHOUGH THE
WRONGFUL ACT DONE BE DIFFERENT FROM THAT WHICH HE INTENDED.
2. BY ANY PERSON PERFORMING AN ACT WHICH WOULD BE AN OFFENSE
AGAINST PERSONS OR PROPERTY, WERE IT NOT FOR THE INHERENT
IMPOSSIBILITY OF ITS ACCOMPLISHMENT OR ON ACCOUNT OF THE
EMPLOYMENT OF INADEQUATE OR INEFFECTUAL MEANS.”
BY COMMITTING A
FELONY EVEN IF THE
CRIME IS DIFFERENT
FROM WHAT IS
INTENDED
• CRIMINAL LIABILITY IS INCURRED IN TWO (2) WAYS:
•  1. BY COMMITTING A FELONY EVEN IF THE WRONG PRODUCED AS A CONSEQUENCE THEREOF IS NOT
INTENDED BY THE OFFENDER. THIS IS BECAUSE THE PERSON COMMITTING A FELONY IS RESPONSIBLE
FOR ALL THE NATURAL AND LOGICAL CONSEQUENCES RESULTING FROM IT ALTHOUGH THE UNLAWFUL
ACT PERFORMED IS DIFFERENT FROM THE ONE HE INTENDED. REQUISITES:
A. THE INTENDED ACT IS FELONIOUS
B. THE RESULTING ACT IS LIKEWISE A FELONY
C. THE UNINTENDED ALBEIT GRAVER WRONG WAS PRIMARILY CAUSED BY THE ACTOR’S WRONGFUL
ACTS. (NOJARA, P. 191)

• 2. IMPOSSIBLE CRIME
 ES QUE ES CAUSA DE LA
CAUSA ES CAUSA DEL MAL
CAUSADO

LITERALLY MEANS “HE WHO IS THE CAUSE

OF THE CAUSE IS THE CAUSE OF THE EVIL
CAUSED”
 PROXIMATE CAUSE
PROXIMATE CAUSE IS THAT CAUSE WHICH, IN ITS NATURAL AND CONTINUOUS
SEQUENCE, UNBROKEN BY AN EFFICIENT INTERVENING CAUSE, PRODUCES THE
INJURY, AND WITHOUT WHICH THE RESULT WOULD NOT HAVE OCCURRED. THE
PROXIMATE LEGAL CAUSE IS THAT ACTING FIRST AND PRODUCING THE INJURY,
EITHER IMMEDIATELY, OR BY SETTING OTHER EVENTS IN MOTION, ALL CONSTITUTING
A NATURAL AND CONTINUOUS CHAIN OF EVENTS, EACH HAVING A CLOSE CAUSAL
CONNECTION WITH ITS IMMEDIATE PREDECESSOR. (NOJARA, P. 198)
 EFFICIENT INTERVENING CAUSE
• THE FELONY COMMITTED IS NOT THE PROXIMATE CAUSE OF THE RESULTING INJURY
WHEN THERE IS AN EFFICIENT INTERVENING CAUSE. WHEN THERE IS EFFICIENT
INTERVENING CAUSE, THE FELONY IS NOT THE DIRECT AND PROXIMATE CAUSE OF THE
INJURY.
• AN EFFICIENT INTERVENING CAUSE 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. (NOJARA ,P. 201-
202)
 MISTAKE OF FACT
• A DEFENSE IN CRIMES COMMITTED BY DOLO

• MISTAKE OF FACT IS AN ACT OR OMISSION WHICH IS THE RESULT OF A

MISAPPREHENSION OF ACTS THAT IS VOLUNTARY BUT NOT INTENTIONAL. A
MISTAKE OF FACT WILL EXEMPT A PERSON FROM CRIMINAL LIABILITY SO LONG AS
THE ALLEGED IGNORANCE OR MISTAKE OF FACT WAS NOT DUE TO NEGLIGENCE OR
BAD FAITH. THE ACTOR PERFORMED AN ACT WHICH WOULD BE LAWFUL HAD IT
BEEN TRUE AS HE BELIEVED IT TO BE. (NOJARA, P. 206)
 MISTAKE OF IDENTITY

•MISTAKE IN THE IDENTITY IS A MANNER OR INCURRING CRIMINAL

LIABILITY ACCORDING TO PARAGRAPH 1, ARTICLE 4, RPC. IT IS A
MISTAKE IN THE IDENTITY OF THE VICTIM, WHICH MAY EITHER BE:

1. ERROR IN PERSONAE- MISTAKE OF THE PERSON; OR

2. ABERRATIO ICTUS- MISTAKE OF THE BLOW
ERROR IN PERSONAE-
MISTAKE OF THE PERSON
• REQUISITES:
1. OFFENDER COMMITTED AN INTENTIONAL FELONY; AND
2. THE CONSEQUENT VICTIM AGAINST WHOM THE FELONY WAS
DIRECTED IS DIFFERENT FROM THAT INTENDED DUE TO MISTAKE OF
IDENTITY. (NOJARA , P. 211)
ABERRATIO ICTUS-
MISTAKE OF THE BLOW

•MISTAKE IN THE BLOW IS

CHARACTERIZED BY AIMING
AT ONE BUT HITTING ANOTHER
DUE TO IMPRECISION. (NOJARA, P. 214)
PRAETER INTENTIONEM
•LACK OF INTENT TO COMMIT SO GRAVE A WRONG. IT IS A MITIGATING
CIRCUMSTANCE.
•REQUISITES:
1. THE INTENDED ACT IS FELONIOUS
2. THE RESULTING ACT IS LIKEWISE A FELONY; AND
3. THE UNINTENDED ALBEIT GRAVER WRONG WAS PRIMARILY CAUSED
BY THE ACTOR’S WRONGFUL ACTS
IMPOSSIBLE CRIME.
•REQUISITES OF IMPOSSIBLE CRIME:
1. THAT THE ACT PERFORMED WOULD BE AN OFFENSE AGAINST
PERSONS OR PROPERTY;
2. THAT THE ACT WAS DONE WITH EVIL INTENT; AND
3. THAT ITS ACCOMPLISHMENT WAS INHERENTLY IMPOSSIBLE, OR
THE MEANS EMPLOYED WAS NEITHER INADEQUATE OR
INEFFECTUAL. (NOJARA, P. 220)
•TO BE IMPOSSIBLE UNDER THIS CLAUSE, THE ACT
INTENDED BY THE OFFENDER MUST BE BY ITS
NATURE ONE IMPOSSIBLE OF ACCOMPLISHMENT.
THERE MUST BE EITHER IMPOSSIBILITY OF
ACCOMPLISHING THE INTENDED ACT IN ORDER TO
QUALIFY THE ACT AN IMPOSSIBLE CRIME.
(NOJARA, P. 221)
 STAGES OF EXECUTION (ARTICLE 6)
• “ARTICLE 6. CONSUMMATED,, FRUSTRATED, AND ATTEMPTED FELONIES. — CONSUMMATED
FELONIES, AS WELL AS THOSE WHICH ARE FRUSTRATED AND ATTEMPTED, ARE PUNISHABLE.

A FELONY IS CONSUMMATED WHEN ALL THE ELEMENTS NECESSARY FOR ITS EXECUTION AND
ACCOMPLISHMENT ARE PRESENT; AND IT IS 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.

THERE IS AN ATTEMPT 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.”
PHASES OF EXECUTION
• A. SUBJECTIVE PHASE- THAT PORTION OF THE ACTS CONSTITUTING THE CRIME
INCLUDED BETWEEN THE ACT WHICH BEGINS THE COMMISSION OF THE CRIME AND
THE LAST ACT PERFORMED BY THE OFFENDER WHICH, WITH THE PRIOR ACTS,
SHOULD RESULT IN THE CONSUMMATED CRIME. IT IS ALSO THAT PERIOD OCCUPIED
BY THE ACTS OF THE OFFENDER OVER WHICH HE HAS CONTROL- THAT PERIOD
BETWEEN THE POINT WHERE HE BEGINS AND THE POINTS WHERE HE VOLUNTARILY
DESISTS.
PHASES OF EXECUTION

• B. OBJECTIVE PHASE- IT IS THE RESULT OF THE

ACTS OF THE EXECUTION, OR THE
ACCOMPLISHMENT OF THE CRIME. IF
SUBJECTIVE AND OBJECTIVE PHASES ARE
PRESENT, THERE IS CONSUMMATED FELONY.
(NOJARA, P. 232)
 ATTEMPTED STAGE

• IN CASE OF AN ATTEMPT THE OFFENDER NEVER PASSES THE SUBJECTIVE PHASE OF THE OFFENSE.
HE IS INTERRUPTED AND COMPELLED TO DESIST BY THE INTERVENTION OF OUTSIDE CAUSE BEFORE
THE SUBJECTIVE PHASE IS PASSED. (NOJARA, P. 237)

• THE SPONTANEOUS DESISTANCE OF A MALEFACTOR EXEMPTS HIM FROM CRIMINAL LIABILITY FOR
THE INTENDED CRIME BUT DOES NOT EXEMPT HIM FROM THE CRIME COMMITTED BY HIM BEFORE
HIS DESISTANCE. (NOJARA, P. 240)
 FRUSTRATED STAGE

• IN CASE OF FRUSTRATED CRIMES THE SUBJECTIVE PHASE IS COMPLETELY PASSED.

SUBJECTIVELY THE CRIME IS COMPLETE. NOTHING INTERRUPTED THE OFFERNDER WHILE HE WAS
PASSING THROUGH THE SUBJECTIVE PHASE. (NOJARA, P. 237-238)

• HE DID ALL THAT WAS NECESSARY TO COMMIT THE CRIME. IF THE CRIME DID NOT RESULT AS A
CONSEQUENCE IT WAS DUE TO SOMETHING BEYOND HIS CONTROL. (NOJARA, P. 242)
CONSUMMATED STAGE

•IT OCCURS WHEN THE FELONY

ITSELF WAS ACTUALLY
PRODUCED BY THE ACTS OF
EXECUTION.
CLASSIFICATION OF FELONIES BASED ON THEIR
GRAVITY (ARTICLE 9 AND 26)
“ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — Grave felonies are
those to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the abovementioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both, is provided.”

Amended by RA 10951- not exceeding Forty thousand (40,000.00) pesos or both, is provided
ARTICLE 9 MERELY CLASSIFIES
FELONIES IN ACCORDANCE WITH
RESPECTIVE GRAVITY. THE GRAVITY OF
EACH FELONY DEPENDS ON THE
PENALTY PRESCRIBED BY THE REVISED
PENAL CODE BOOK II. (NOJARA, P. 251)
“ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty. — A fine, whether
imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less
than 200 pesos; and a light penalty, if it be less than 200 pesos.”

Amended by RA 10951- shall be considered an afflictive penalty, if it exceeds One million two
hundred thousand pesos (P1,200,000.00); a correctional penalty, if it does not exceed One
million two hundred thousand pesos (P1,200,000.00) but is not less than Forth thousand pesos
(P40,000); and a light penalty, if it be less than Forty thousand pesos (P40,000.00)”
ARTICLE 26 PROVIDES FOR THE
CLASSIFICATION OF FELONIES
ACCORDING TO THE AMOUNTS OF FINE.
(NOJARA, P. 251)
 ASSIGNMENT
III. CONSPIRACY AND
PROPOSAL TO COMMIT
CRIMES (ARTICLE 8)
UP TO
BATTERED WOMAN SYNDROME
(RA 9262)