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Definition of Felonies:
PEOPLE vs. DELA CRUZ (GR No. 182348, November 20, 2008)
MOTIVE –
1. Motive Distinguished from Intent –
2. When IS motive is relevant or irrelevant –
People v. Taneo,
FELONIES
1. ART. 3 RPC (dolo & culpa) – note the correct translation of dolo
2. Elements of Felonies:
3. Difference between dolo and culpa – Dolo is through malice (intent/mens rea) while culpa is
by negligence or impurdence
4. Distinguish felonies from crimes in general:
- Felonies are acts or omissions penalized by the RPC while crime is the broader concept
covering acts omissions penalized by the RPC and those under special penal laws
-
MISTAKE OF FACT
1. US vs. AH CHONG, 15 Phil. 503
2. PEOPLE vs. OANIS, 74 Phil 257
3. REQUISITES:
4. Mistake of fact is not tenable in the following:
- Error in personae
- When the accused is criminally negligent
5. Differentiate Mistake of Fact from Mistake of Identity (error in personae)
MOTIVE
1. Concept
2. When Important
3. Distinguished from criminal intent
- Intent is an element of a felony while motive is not
- Motive is the impelling reason for the crime while intent is the purpose to use particular
means
- Intent is always essential in intentional felonies while motive is essential only when the
identity of the perpetrator is in doubt
4. MOTIVE vs. CRIMINAL INTENT - PEOPLE vs. MARLON DELIM, ET. AL., ([G.R. No.
142773. January 28, 2003]