TITLE ONE FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES Art. 3.

3. Definition Acts and omissions punishable by laws are felonies (delitos). Felonies 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.

Classification of felonies according to the means by which they are committed: (1) Intentional Felony / DOLO act or omission of offender is malicious or done with deliberate intent (with malice) to cause an injury

(2) Culpable Felony Act or omission of offender not malicious; done unintentionally

Elements of DOLO and CULPA:

DOLO (1) Freedom (2) Intelligence (3) Intent (1) (2) (3) (4) (5) CULPA Freedom Intelligence Imprudence Negligence Lack of foresight or skill

Felonies acts or omissions punishable by the RPC Elements of Felonies: (1) There must be an act or omission. (2) That act or omission must be punishable by the RPC. (3) That act is performed or omission incurred by means od dolo or culpa.

Freedom if there is no freedom in such a person who acts under the compulsion of an irresistible force is exempt from criminal liability Intelligence if there is no intelligence, it will not be possible to determine the morality of human acts, therefore no crime exists. - Thus an imbecile or the insane, and the infant <9 y.o. as well as minor 9 15 y.o. and acting without discernment, have no criminal liability

Act any bodily movement tending to produce some effect in the external world, it being necessary that the same be actually produced, as the possibility of its production is sufficient. Only external act is punished. o Criminal thought or a mere intention, no matter how immoral or improper it may be, will never constitute a felony.

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. Negligence deficiency of perception; man must use common sense and exercise due reflection in all his acts for it is his duty to be cautious, careful, and prudent to avoid criminal liability Imprudence deficiency of action; person fails to take necessary precaution to avoid injury to person or damage property

Omission inaction; failure to perform positive duty which one is bound to do. Must be punishable by law, if not, such omission not considered a felony

Crimes which cannot be committed through imprudence or negligence: (1) Murder (2) Treason (3) Robbery (4) Malicious mischief

e.g. Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded or in danger og dying, is liable for abandonment of person in danger. [Art. 275, par.1]