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ELEMENTS

Felonies
1)
2)
3)

REQUISITES
Article 3
Dolo/Deceit/Malice

Act or omission
Punishable under the RPC
Act or omission is incurred by means of dolo or
culpa

1)
2)
3)

Freedom
Intelligence
Intent

Culpa/Fault
1)
2)
3)

Freedom
Intelligence
Negligence, Imprudence, Lack of foresight, lack of skill

Mistake of Fact
1)
2)
3)
Proximate Clause
1)
2)

A felony is committed
The felony committed resulted in another felony

The act done is lawful had the facts been correct


The intention is lawful
No fault or carelessness on the part of the accused

Article 4
Proximate Clause
1)
2)

Intentional Felony is committed


Wrongful act done to the aggrieved part is the natural,
direct and logical consequence of the felony committed

Impossible Crime
1)
2)
3)

The act would be an offense against persons or property


The act is done with evil intent
Accomplishment is impossible or means employed is

4)

ineffectual or inadequate
Act does not violate other provisions of RPC

Article 5
Acts which should be repressed but not punishable by RPC
1)
2)
3)
4)

Crime committed not punishable by RPC


Court deems it proper to repress
Court should acquit accused
Court should report to the President via Secretary of
Justice why it should be made a subject of penal
legislation

Excessive Penalties
1)
2)

Court finds accused guilty


Penalty provided by law is excessive (Malice/injury

3)
4)

caused)
No suspension of sentence
Court should submit the case to the president via
Secretary of Justice to recommend Executive Clemency

Article 8
Conspiracy
1)

2 or more people come to an agreement (meeting of the

2)
3)

minds)
The agreement concerned the commission of the felony
Execution of the felony must be decided upon

Proposal
1)
2)

That a person decided to commit a felony


He proposes its execution to some other persons or
person

ELEMENTS

REQUISITES
Article 11
Self-Defense
1)
2)
3)

Unlawful Aggression
Reasonable necessity of the means employed
Lack of sufficient provocation

Fulfillment of a duty
1)

The accused acted in the performance of a duty or in

2)

the lawful exercise of a right or office


That the offense committed be the necessary
consequence of the due performance of duty or the
lawful exercise of such right

Obedience to an order
1)
2)
3)

That an order has been issued by a superior


That such order be for some lawful purpose
That the means used by the subordinate to carry out

said order is lawful


Article 12
While performing a lawful act causes an injury to another
Exempting circumstance of uncontrollable fear
by mere accident w/o fault or intention of causing it
1)
2)
3)
4)

A person is performing a lawful act


With due care
He causes an injury to another by mere accident
Without fault or intention of causing it

Any person who acts under the compulsion of an


irresistible force
1)
2)
3)

That compulsion is by means of physical force


That the physical force must be irresistible
That the irresistible force must come from a third
person

Any person who acts under the impulse of an


uncontrollable fear of an equal or greater injury
1)

The threat which causes the fear is of an evil greater


than that or at least equal to, that which he is

2)

required to commit
It promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it

Any person who fails to perform an act by required by law,


when prevented by some lawful or insuperable cause
1)
2)
3)

That an act is required by law to be done


That a person fails to perform such act
That his failure to perform such act was due to some

1)
2)
3)

Existence of an uncontrollable fear


The fear must be real and imminent
Fear of an injury is greater than or at least equal to that
committed

lawful of insuperable cause

ELEMENTS

REQUISITES
Article 13
That the act committed was in the immediate vindication of a
grave offense to the one committing the felony(delito), his
spouse, ascendants, descendants or relatives by affinity within
the same degrees
1)

That there be a grave offense done to the one


committing the felony, his spouse, ascendants,
descendants, legitimate, natural, adopted brothers and

2)

sisters, or relatives by affinity within the same degrees.


That the felony is committed in vindication of such
grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.

That of having acted upon an impulse son powerful as


naturally to have produced passion or obfuscation
1)

That there be an act, both unlawful and sufficient, to

2)

produce such condition of mind


That said act which produced the obfuscation was not
far removed from the commission of the crime by a
considerable length of time, during which the
perpetrator might recover from his equanimity

Voluntary surrender
1)
2)

That the offender had not been actually arrested


That the offender surrendered himself to a person in

3)

authority or to the latters agent


That the surrender was voluntary

Requisites of plea of guilty


1)

That the offender spontaneously confessed his guilt

2)

That the confession of guilt was made in open court,

that is, before the competent court that is to try the case
3)

That the confession of guilt was made prior to the

presentation of evidence for the prosecution


Such illness of the offender as would diminish the exercise of
the will-power of the offender without however depriving him
of the consciousness of his acts
1)

That the illness of the offender must diminish the

2)

exercise of his will power


That such illness should not deprive the offender of
consciousness of his acts

ELEMENTS

REQUISITES
Article 14

That the crime be committed in contempt or with insult to the public authorities
1)
2)

That the public authority is engaged in the exercise of his functions


That he who is thus engaged in the exercise of said functions is not the

3)
4)

person against whom the crime is committed


The offender knows him to be a public authority
His presence has not prevented the offender from committing the
criminal act

That the act be committed with abuse of confidence or obvious ungratefulness.


1)
2)

That the offended party had trusted the offender


That the offender abused such trust by committing a crime against the

3)

offended party
That the abuse of confidence facilitated the commission of the crime

That the crime be committed with the aid of armed men or persons who insure
or afford impunity.
1)

That armed men or persons took part in the commission of the crime,

2)

directly or indirectly
That the accused availed himself of either their aid or relied upon them
when the crime was committed

That the accused is a recidivist.


1)
2)
3)

That the offender is on trial for an offense


That he was previously convicted by final judgment of another crime
That both the first and second offense are embraced in the same title of

4)

this code
That the offender is convicted of the new offense

That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty
1)
2)

That the accused is on trial for an offense


That he previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for two or more crimes to which it

3)

attaches lighter penalty than that for the new offense


That he is convicted for the new offense

That the act be committed with evidence premeditation


The prosecution must prove:
1)
2)

The TIME when the offender determined to commit the crime


An act manifestly indicating that the culprit has clung to his

3)

determination
A sufficient lapse of time between the determination and execution

That the act be committed with treachery (alevosia)


1)

That at the time of the attack, the victim was not in a position to defend

2)

himself
That the offender consciously adopted the particular means, method or
form of attack employed by him.

That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commissions.

1)
2)

That the injury caused be deliberately increased by causing other wrong


That the wrong be unnecessary for the execution of the purpose of the
offender