Foremost
Foremost
Foremost
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.
2. Uncontrollable fear
2. insanity
3. imbecility
"Intent- presumed from the commission of the unlawful acts.
2. Uncontrollable fear
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.
6. A) Mala in se, are crimes, which are wrong from their nature, such as murder, theft,
rape etc.
Are those so serious in their effects on society as to call for the utmost condemnation of its
members.
Are violations of mere rules of convenience designed to secure a more orderly regulation of
the affairs of the society.
7. MOTIVE is the reason, which impels one to commit an act for a definite result;
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
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.