COPING UP: Criminal Law Book 2: Definition and Elements of Crimes

TRECE MARTIRES CITY
COLLEGE
COLLEGE OF CRIMINOLOGY
COPING UP: Criminal Law Book 2:

Definition and Elements of Crimes
A Covid-19 Pandemic Class Project of

TMCC Criminology
Class of 2020-2021
CRIMINAL LAW BOOK 2:
DEFINITION AND ELEMENTS OF CRIMES
TITLE XIV
QUASI-OFFENSES
CUPCUPIN, ROY
BOLIVAR, ROLANDO C. JR
SUAREZ, JOHN PAUL S.
BAYANI, ANITO D. JR
GONZAGA, ABUBAKAR SIDDIK J.
MANGGONA, MOHAMMAD JADE G.
A project of TMCC BS Criminology Class of 2020-2021

TITLE XIV. QUASI-OFFENSES
Complex Crime - A single act which injury, bars his recovery. - Rakes v. Atlantic
constitutes two or more grave or less grave Gulf & Pacific Co., 7 Phil 370.
felonies, or an offense which is a necessary
means for committing the other. Art. 48, Imprudence - The word imprudence,
Rev. Penal Code. negligence, lack of foresight, and lack of
skill are in Art.3, Revised Penal Code,
Criminal negligence - Criminal negligence separate by the conjunction or which
consists in the failure to take such signifies that each is different from the
precautions or advance measures in the other.
performance of an act as the most common
prudence would suggest, whereby injury is Negligence - Imprudence indicates a
caused to person or property. - U.S v. Nava, deficiency of action negligence indicates a
1 Phil 581. deficiency of perception.
Culpability - The state which result from ART.365 Imprudence and Negligence -
willful violation of moral or statute law. It is Any person who by reckless imprudence
akin to bad faith. - Commercial Bank & shall commit any act which had it been
Trust Co. v. Teodoro, CV-57390, January intentional, would constitute a grave felony.
31, 1985. ELEMENT’S; 1)That the offender does or
Culpable Negligence - In criminal law, a fails to do an act,2)that the doing of or the
reckless disregard for the lives or safety of failure to do that act is voluntary,3)that it be
others. It is negligence of a higher degree without malice,4)that the material damage
than that required to establish liability on a results,5) that there is inexcusable lack of
mere civil issue. - Tan v. Standard Vacuum precaution on the part of the offender ,taking
Oil Co., 18974-R, September 18, 1957. into consideration. A) His employment or
occupation, B) Degree of intelligence,
Culpa in Vigilando - Negligence of the physical condition and, C) Other
master or employer in the supervision of the circumstances regarding persons, time and
servant or employee after his selection. - place.
Reliable Industrial & Commercial Security
Agency Inc. v. Anover, 07188-SP, July 24, Reckless Imprudence - Consist
1987. involuntarily but which out malice, doing or
failing to do an act form which material
Contributory Negligence - The principle damage result by reason of inexcusable lack
that any negligence, however slight, on the of precaution on the part of the person
part of the person injured which is one of the performing or failing to perform such act,
causes proximately contributing to his taking into consideration his employment or

occupation, degree of intelligence, physical interpretation to the laws and making a just
condition and the other circumstances application of them to all cases as they
regarding persons, time and place. arise.In Technical sense,the term means
sometimes Case Law.-In Re;Shoop, 41 Phil
Recklessness - Destitute of heed or concern 219.
for consequence; especially, foolishly
heedless of danger; headlong; rash;
desperate; not caring or noting; neglectful;
indifferent.
An indifference whether wrong is done or
not; an indifference to the rights of others.
Reckless may imply mere inattention to
duty, thoughtlessness, indifference,
carelessness or negligence; a heedless
disregard of obvious consequences. - U.S v.
Aligan, 43 Phil 647.
ELEMENT’S;1)That the offender does or

fails to do an act,2)that the doing of or the
failure to do that act is voluntary,3)that it be
without malice,4)that the material damage
results,5) that there is inexcusable lack of
precaution on the part of the offender ,taking
into consideration. a) employment or
occupation b) degree of intelligence or
physical condition and, c)other
circumstances regarding person, time and
place.
Simple imprudence - consists in the lack of

precaution displayed in a case wherein the
damage impending to be caused is not
immediate nor the danger clearly manifest.
ELEMENT’S -1) there is lack of precaution

on the part of the offender, 2) the damage
empending to be caused is not immediate
nor the danger clearly manifest.
Jurisprudence - The groundwork of the

written law.The science of law; the
particular science of giving a wise

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TRECE MARTIRES CITY

COPING UP: Criminal Law Book 2:

A Covid-19 Pandemic Class Project of

A project of TMCC BS Criminology Class of 2020-2021

A project of TMCC BS Criminology Class of 2020-2021

ELEMENT’S;1)That the offender does or

Simple imprudence - consists in the lack of

ELEMENT’S -1) there is lack of precaution

Jurisprudence - The groundwork of the

A project of TMCC BS Criminology Class of 2020-2021

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