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Hence, the law exempts certain classes of persons from criminal liability such as
minors (15 below) and insane persons.
Intent – “Intent to commit the act with malice, being purely a mental process, is
presumed and the presumption arises from the proof of the commission of an
unlawful act.”
L. What is culpa?
Culpa (Fault) is a way of commiting a felony
If it is committed by means of fault, then it is culpa or otherwise known as culpable
felonies such as reckless imprudence resulting in damage to properties.
There is culpa when the felony results from negligence, imprudence, lack of
foresight or lack of skill.
In culpable felonies, there is no criminal intent in the mind of the offender but his
acts or omissions are still punished by law because of the damages or injury caused
to others.
M. What are the requisites of culpa?
There is culpable felony if the offender, in doing the act or in omitting to do an act,
has done so with FREEDOM, INTELLIGENCE, and IMPRUDENCE,
NEGLIGENCE, LACK OF FORESIGHT or LACK OF SKILL.
1. Imprudence – It usually involves lack of skill. A deficiency of action or failure to
take necessary precaution to avoid injury or damage.
2. Negligence – It usually involves lack of foresight. A deficiency of perception or
failure to pay proper attention and to use diligence to a void a foreseeable damage
or injury.
N. Discuss the first paragraph of Art 4 of the Revised Penal Code.
“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 an
account of the employment of inadequate or ineffectual means.”
O. What is the purpose of the first paragraph of Art 4?
Article 4, paragraph 1 presupposes that the act done is the proximate cause of the
resulting felony. It must be the direct, natural, and logical consequence of the
felonious act.
P. What is praetor intentionem?
Injurious result is greater than that intended
It is the lack of intention to commit so grave a wrong as that committed
Q. What is an impossible crime?
One where the acts performed would have been a crime against person or property
but which is not accomplished because of its inherent impossibility or because of
the employment of inadequate or ineffectual means
Kim.c 11th Week ESKETIIT
1. Prision Correccional — min: 6 months, & 1 day to 2 years & 4 months, med: 2
years, 4 months & 1 day to 4 years & 2 months, max: 4 years, 2 months & 1 day to
6 years
2. Arresto Mayor — min: 1 month & 1 day to 2 months, med: 2 months & 1 day to
4 months, max: 4 months & 1 day to 6 months
3. Suspension
5.Destierro — min: 6 months, & 1 day to 2 years & 4 months, med: 2 years, 4
months & 1 day to 4 years & 2 months, max: 4 years, 2 months & 1 day to 6 years
-Light Penalties:
1. Arresto Menor — min: 1 to 10 days, med: 11 to 20 days, max: 21 to 30 days.
2. Public Censure
3. Penalties common to the three preceding classes:
4. Fine — if it exceeds P 6,000; a correctional penalty, if it does not exceed P 6,000
but it is not less than P 200; and a light penalty, if it be less than P 200.
5. Bond to keep the peace