Art 3. Acts and omissions punishable by law are felonies.

Acts

an overt or external act

Omission
failure to perform a duty required by law.
Example of an omission: failure to render assistance to anyone who is in danger
of dying
or is in an uninhabited place or is wounded
abandonment.
Felonies

acts and omissions punishable by the Revised Penal Code

Crime - acts and omissions punishable by any law

What requisites must concur before a felony may be committed?
There must be
(1) an act or omission;
(2) punishable by the Revised Penal Code; and
(3) the act is performed or the omission incurred by means of dolo or culpa.
How felonies are committed:
1.
by means of deceit (dolo)
deliberate intent.

There is deceit when the act is performed with

Requisites:
1.
freedom
2.
intelligence
3.
intent
Examples: murder, treason, and robbery
Criminal intent is not necessary in these cases:
(1)
When the crime is the product of culpa or negligence,
reckless imprudence, lack of foresight or lack of skill;
(2)
When the crime is a prohibited act under a special law
or what is called malum prohibitum.
In criminal law, intent is categorized into two:
(1)
General criminal intent; and
(2)
Specific criminal intent.
General criminal intent is presumed from the mere doing of a wrong act.
This does not require proof.
The burden is upon the wrong doer to prove that he acted without such criminal i
ntent.
Specific criminal intent is not presumed
because it is an ingredient or element of a crime,
like intent to kill in the crimes of attempted or frustrated homicide/parricide/
murder.
The prosecution has the burden of proving the same.
Distinction between intent and discernment

Intent is the determination to do a certain thing, an aim or purpose of the mind

.
It is the design to resolve or determination by which a person acts.
On the other hand, discernment is the mental capacity to tell right from wrong.
It relates to the moral significance that a person ascribes to his act and relat
es to the intelligence as an element of dolo, distinct from intent.
Distinction between intent and motive
Intent is demonstrated by the use of a particular means to bring about a desired
result
it is not a state of mind or a reason for committing a crime.
On the other hand, motive implies motion.
It is the moving power which impels one to do an act.
When there is motive in the commission of a crime, it always comes before the in
tent.
But a crime may be committed without motive.
If the crime is intentional, it cannot be committed without intent.
Intent is manifested by the instrument used by the offender.
The specific criminal intent becomes material if the crime is to be distinguishe
d from the attempted or frustrated stage.
1.
by means of fault (culpa)
There is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
1.
Imprudence deficiency of action; e.g. A was driving a truck along a road
. He hit B because it was raining
reckless imprudence.
2.
Negligence - deficiency of perception; failure to foresee impending dang
er, usually involves lack of foresight
3.
C.
Requisites:
1.
Freedom
2.
Intelligence
3.
Imprudence, negligence, lack of skill or foresight
4.
Lack of intent
The concept of criminal negligence is the inexcusable lack of precaution on the
part of the person performing or failing to perform an act.
If the danger impending from that situation is clearly manifest, you have a case
of reckless imprudence.
But if the danger that would result from such imprudence is not clear, not manif
est nor immediate you have only a case of simple negligence.
Mistake of fact
is a misapprehension of fact on the part of the person who cause
d injury to another. He is not criminally liable.
a. Requisites:
1.
that the act done would have been lawful had the facts been as the accus
ed believed them to be;
2.
intention of the accused is lawful;
3.
mistake must be without fault of carelessness.
http://www.symbianize.com/showthread.php?t=1102971 pvt
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Example: United States v. Ah Chong.
Ah Chong being afraid of bad elements, locked himself in his room by placing a c
hair against the door. After having gone to bed, he was awakened by somebody who

was trying to open the door. He asked the identity of the person, but he did n
ot receive a response. Fearing that this intruder was a robber, he leaped out o
f bed and said that he will kill the intruder should he attempt to enter. At th
at moment, the chair struck him. Believing that he was attacked, he seized a kn
ife and fatally wounded the intruder.
Mistake of fact would be relevant only when the felony would have been intention
al or through dolo, but not when the felony is a result of culpa. When the felo
ny is a product of culpa, do not discuss mistake of fact.