Felonies | REVISED PENAL CODE – BOOK ONE

CRIMINAL LAW: FELONIES UNDER THE REVISED PENAL CODE (BOOK ONE)

I. Definition of Felonies (Article 3)

Felonies are acts or omissions punishable by law. They are committed by:

1. Deceit (Dolo): When the act is performed with deliberate intent.
2. Fault (Culpa): When the act results from imprudence, negligence, lack of foresight, or lack of skill.

Key Principles:

• Act or Omission: The law must expressly penalize the act or omission.
• Punishment: The penalty is prescribed by the Revised Penal Code (RPC) or special laws.

II. Classifications of Felonies

1. According to Means of Commission:

   • Intentional Felonies (Dolo): Require criminal intent.
   • Culpable Felonies (Culpa): Result from negligence or lack of foresight.

2. According to Gravity:

   • Grave Felonies: Punishable by capital punishment or afflictive penalties (reclusion perpetua, reclusion temporal).
   • Less Grave Felonies: Punishable by correctional penalties (prisión correccional, arresto mayor).
   • Light Felonies: Punishable by arresto menor or a fine not exceeding ₱200.

III. Stages of Commission (Article 6)

1. Attempted Felony:
   • The offender commences execution but does not perform all acts of execution due to reasons other than his own desistance.
2. Frustrated Felony:
   • The offender performs all acts of execution but the felony is not consummated due to independent causes.
3. Consummated Felony:
   • All elements necessary for the accomplishment of the felony are present.

IV. Essential Requisites of Felonies

1. Act or Omission:

   • The physical act (actus reus) or failure to act (omission) must occur.

2. Criminal Intent (Mens Rea):

   • For intentional felonies, there must be deliberate intent.
   • For culpable felonies, negligence or imprudence must be evident.

3. Punishable by Law:

   • The Revised Penal Code or special laws must specifically penalize the act.

V. Circumstances Affecting Criminal Liability

1. Justifying Circumstances (Article 11):

   • Acts committed without criminal liability, such as self-defense or defense of relatives.

2. Exempting Circumstances (Article 12):

   • Acts where there is no criminal liability due to lack of intelligence, intent, or voluntariness (e.g., insanity, minority).

3. Mitigating Circumstances (Article 13):

   • Circumstances reducing the penalty, such as incomplete justifying or exempting circumstances or voluntary surrender.

4. Aggravating Circumstances (Article 14):

   • Increase the penalty, including treachery, evident premeditation, or use of fire.

5. Alternative Circumstances (Article 15):

   • May either mitigate or aggravate liability, such as the relationship of the offender to the victim.

VI. Theories of Felonies

1. Proximate Cause:

   • The direct, natural, and logical consequence of the act or omission, without which the felony would not have occurred.

2. Aberratio Ictus (Mistake in Blow):

   • The injury or harm is inflicted upon a person different from the intended victim.

3. Error in Personae (Mistake in Identity):

   • The offender mistakes the identity of the victim.

4. Praeter Intentionem (Injury Beyond Intent):

   • The consequence is graver than intended.

VII. Conspiracy and Proposal (Article 8)

1. Conspiracy:

   • When two or more persons agree to commit a felony and decide to act on it.
   • All conspirators are liable for the crime as principals.

2. Proposal:

   • When a person proposes to another to commit a felony.
   • Only the proposer is liable unless the proposal ripens into conspiracy.

VIII. Civil Liability Arising from Felonies (Article 100)

1. Every person criminally liable is also civilly liable.
2. Includes restitution, reparation for damage caused, and indemnification for consequential damages.

IX. Complex Crimes and Special Complex Crimes (Articles 48-49)

1. Complex Crimes:

   • Single act resulting in two or more grave or less grave felonies.
   • When an offense is a necessary means for committing another.
   • Penalty: That of the most serious crime, increased by one degree.

2. Special Complex Crimes:

   • Defined and penalized as a single indivisible offense (e.g., robbery with homicide, rape with homicide).

X. Principles of Criminal Liability

1. Nullum Crimen, Nulla Poena Sine Lege:
   • There is no crime or punishment unless prescribed by law.
2. Actus Non Facit Reum Nisi Mens Sit Rea:
   • An act does not make a person guilty unless the mind is guilty.
3. Ignorantia Legis Non Excusat:
   • Ignorance of the law excuses no one.

XI. Persons Criminally Liable (Article 16)

1. Principals:
   • By direct participation.
   • By inducement.
   • By indispensable cooperation.
2. Accomplices:
   • Persons who cooperate in the execution of the offense without participating as principals.
3. Accessories:
   • Persons who assist the principals or accomplices after the felony has been committed.

XII. Imprudence and Negligence (Article 365)

1. Imprudence:
   • Deficiency in action due to lack of precaution.
2. Negligence:
   • Deficiency in perception due to lack of foresight.

Penalties depend on the gravity of the consequences.

XIII. Light Felonies (Article 7)

• Light felonies are punishable only when consummated, except when they are against persons or property.

XIV. Continuing Crimes

A continuing crime (delito continuado) consists of a series of acts performed in different places or times but arising from one criminal intent.

This comprehensive summary integrates the core principles, classifications, and doctrines on felonies under Book One of the Revised Penal Code, emphasizing their applicability in Philippine criminal law jurisprudence.