Foremost

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Answers:

1. Acts and omissions punishable by law are felonies (delitos).


Elements of felonies
* There is an act or omission
*Act or omission is punishable by the RPC
*Act or omission is incurred by dolo or culpa all done with freedom.

2. A) Dolo is a Spanish term which means deceit. There is deceit when an act is
performed with deliberate intent.
B) Culpa is also a Spanish term which means fault. There is fault when a wrongful
act results from negligence, imprudence, lack of skill or foresight.

3. Freedom- without it, not human but tool,


negated by:
1. Irresistible force

2. Uncontrollable fear

Intelligence- is the moral capacity to determine


right from wrong and to realize the consequences of one's act; negated by:
1. minority

2. insanity

3. imbecility
"Intent- presumed from the commission of the unlawful acts.

4. Freedom- without it, not human but tool,


negated by:
1. Irresistible force

2. Uncontrollable fear

Intelligence- is the moral capacity to determine


right from wrong and to realize the consequences of one's act; negated by:
1. minority

2. insanity

3. imbecility

"Any person who, by simple imprudence or negligence, shall commit an act which
would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in
its medium and maximum periods; if it would have constituted a less serious felony,
the penalty of arresto mayor in its minimum period shall be imposed.

5. mistake of facts
It is an act or omission, which is the result of misapprehension of facts that is voluntary but
not
intentional.

To be exempting it must be committed in good faith or under honest belief.

6. A) Mala in se, are crimes, which are wrong from their nature, such as murder, theft,
rape etc.

*Acts punished by the RPC.

Are those so serious in their effects on society as to call for the utmost condemnation of its
members.

B) Mala prohibita, are wrong, merely because they are


prohibited by statue like illegal possession of firearms.

*Acts punished by the special law

Are violations of mere rules of convenience designed to secure a more orderly regulation of
the affairs of the society.

Malice and intent are not essential.

7. MOTIVE is the reason, which impels one to commit an act for a definite result;

Is not an element of a crime

Is important only when the identity of the culprit is in doubt, and not when he is positively
identified by a credible witness.

Existence of motive is essential to determine which of the two conflicting theories are true

8. INTENT is the purpose to use a particular means to affect such result.

9. A crime is defined as an act or omission which is made punishable by law. ... A


person incurs criminal liability either by committing a felony regardless of the original
intent of the actor or by committing an impossible crime. [3] The law punishes both
intentional and unintentional felonies.

10. “Error in personae” or mistake in identity is injuring one person who is mistaken for
another. The intended victim is not at the scene of the crime. If the crime committed
is the same as the crime intended, but on a different victim, error in persona does not
affect the criminal liability of the offender.

11. Transferred intent is a legal doctrine that holds that, when the intention to harm one
individual inadvertently causes a second person to be hurt instead, the perpetrator is
still held responsible.
12. “Praeter intentionem” is defined as having an injurious result that is greater than that
intended. The Revised Penal Code describes it as no intention to commit so grave a
wrong.

13. The "locked-room" or "impossible crime" mystery is a subgenre of detective fiction in


which a crime is committed in circumstances under which it was seemingly
impossible for the perpetrator to commit the crime or evade detection in the course of
getting in and out of the crime scene. Thus, the requisites of an impossible crime are:
(1) that the act performed would be an offense against persons or property; (2) that
the act was done with evil intent; and (3) that its accomplishment was inherently
impossible, or the means employed was either inadequate or ineffectual.

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