DOLO AND CULPA

LEGAL RESEARCH AND THESIS WRITING

1JD-A
 DEFINITION OF TERMS

 FELONIES (DELITOS)
• Acts and omissions punishable by law
• Covers both Dolo and Culpa

 DOLO
• Evil intent, embracing both malice and fraud

 CULPA
• A civil law term that implies that certain conduct is actionable
• It implies the failure to perform a legally imposed duty, or negligence
 DEFINITION OF TERMS

 MISTAKE OF FACT
• misapprehension of fact on the part of the person who caused injury
to another

 PROXIMATE CAUSE
• cause which, in the natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury and without
which the result would have not occurred
 LAWS

 ARTICLE 3 OF THE REVISED PENAL CODE (RPC)

Acts and omissions punishable by law are felonies (delitos)
Felonies are 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
 TYPES OF DELITOS
INTENTIONAL FELONY CULPABLE FELONY
(DOLO) (CULPA)
Act is malicious Not malicious
With deliberate intent Injury caused is unintentional;
being just an incident of another
act performed without malice
Has intention to cause an injury Wrongful act results from
imprudence, negligence, lack of
foresight or lack of skill
 REQUISITES OF DOLO

 Offender must have INTENT while doing or omitting to do an

act

 Offender must have FREEDOM while doing an act or omitting to

do an act

 Offender must have INTELLIGENCE while doing an act or

omitting to do an act
 REQUISITES OF CULPA

 Offender must have INTENT while doing or omitting to do an

act

 Offender must have FREEDOM while doing an act or omitting to

do an act

 Offender must be IMPRUDENT, NEGLIGENT, or LACKS OF

FORESIGHT or SKILL while doing an act or omitting to do an act
EXAMPLES OF FELONIES PUNISHABLE
UNDER THE REVISED PENAL CODE

 Murder (Article 248)

 Homicide (Article 249)

 Robbery (Article 293)

 Theft (Article 308)

 Arson (Articles 320-326)

 Forcible Abduction (Article 342)

JURISPRUDENCE (DOLO)

 People v. Macalisang - G.R. No. L-24546, February 22, 1968

• Defendant Isaias Macalisang was the police chief in the town
of Sinacaban who allegedly fired upon Francisco Dano, a
known supporter of the defeated candidate for town mayor
• Defendant was charged with murder but the court modified
the judgment to homicide
JURISPRUDENCE (DOLO)

 People v. Guillen - G.R. No. L-1477, January 18, 1950

• Julio Guillen was found guilty by the lower court of murder
and multiple frustrated murder for attempting to kill
President Manuel Roxas by throwing a hand grenade to the
latter, which instead killed Simeon Varela and wounded
others
• Defense counsel stated that Guillen is only guilty of
homicide through reckless imprudence in regard of the death
of Varela and of less serious physical injuries in regard to the
others who were merely wounded
• High court affirmed the verdict of the lower court, cited that
the defendant acted with malice
JURISPRUDENCE (DOLO)

 People v. Oanis - G.R. No. L-47722, July 27, 1943

• Defendants Antonio Oanis and Alberto Galanta of the
Philippine Constabulary were searching for an escaped
convict in a suspected hideout, and when chanced
upon a sleeping man with his back towards them, they
fired at him
• The man killed was not the convict and the defendants
were charged with murder
JURISPRUDENCE (CULPA)

 U.S. v. Ah Chong - G.R. No. L-5272, March 19, 1910

• Defendant Ah Chong, in self-defense, killed his
roommate in the belief that an intruder was attacking
him in his room
• At the end of the trial, defendant was acquitted due to
mistake of fact
JURISPRUDENCE (CULPA)

 Calimutan v. People - G.R. No. L-152133, February 9, 2006

• Defendant Rollie Calimutan threw a stone at the back of
victim Philip Cantre that resulted to the victim’s death the
next day
• From the lower court’s ruling of homicide, the Supreme
Court modified the verdict to reckless imprudence resulting
to homicide
 N E W S E XC E R P T R E G A R D I N G
DOLO

The Jennifer Laude Case

 JENNIFER LAUDE CASE

 Transgender Jeffrey “Jennifer” Laude was allegedly killed at a hotel

by U.S. Private First Class Joseph Scott Pemberton on October 11,
2014 in Olongapo City, Philippines after the victim performed oral
sex on the suspect

 In the case filed by Laude's sister, her lawyer said there was enough
basis for Pemberton to be charged with murder since evidence
indicated he used force and intended to kill the victim
 N E W S E XC E R P T R E G A R D I N G
C U L PA

The Valisno Bus Incident

 VALISNO BUS INCIDENT

 A Valisno bus ends up a wreck in Quirino Highway on August 12,

2015, after crashing into the boundary marker between Quezon City
and Caloocan City, leaving 4 passengers dead and at least 18 others
injured

 The driver, George Pacis, is facing charges of reckless imprudence

resulting in damage to property with multiple homicide and multiple
physical injuries
END