MODULE Criminal Law (Book 1)

CHAPTER II

Felonies

At the end of this chapter the students will be able to:

1. Define Felonies
2. Describe the elements of Dolo
3. Understand the requisite of felony
4. Enumerate the classification of felony

Felonies Defined

Felonies are acts and omissions punishable

by law (Art. 3, RPC). They are committed
not only by means of deceit (dolo) – that is,
when the acts performed with deliberate
intent – but also by means of fault (culpa) –
i.e., when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.

If the crime is punished by the RPC, it is called a felony; if by a special

law; it is called an offense. If by an ordinance, it is called an infraction of an
ordinance.

Requisites of Felony

For a felony to exist, the following requisites must be present, to wit: (1)
there must be an act or omission; (2) the act or omission must be punishable by
law; and (3) the act or omission must have been committed either with deliberate
intent or through negligence or imprudence.

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The word “felony” does not cover a crime punished by special law.

The act must be external because internal acts are beyond the sphere of
penal law. A criminal thought or a mere intention, no matter how immoral or
improper it may be, will never constitute a felony.

For a crime to exist in our law, there must be both mens rea (criminal
intent or guilty minds) and actus reus (criminal or guilty act).

Classifications of Crimes

In our criminal law, crimes are classified into: (1) Intentional felonies; (2)
Culpable felonies; and (3) those that are penalized under special laws.

Elements of Dolo

The elements of dolo (deceit) are:

1) Freedom;
2) Intelligence; and
3) Intent

Actus no facit reum, nisi means rea – an act cannot be criminal where the
mind is not criminal.

Actus non facit reum est mens actus – an act done against my will is not
my act.

Intent as an Element of felonies committed by means of dolo

In the case of Artemio Villareal v. People of the Philippines (G.R. No.

151258, December 1, 2014), it was held that the requirement of intent in
intentional felony must refer to malicious intent and that it must be proven
beyond reasonable doubt. In said case, it was further held that if death resulted
from an act executed without malice or criminal intent but with lack of foresight,
carelessness or negligence, the act must be qualified as reckless or simple
negligence or imprudence resulting in homicide.

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The term “Special Law”

For purposes of criminal law, the term “special law” is one which is not
amendatory of the provisions of the code but which defines and punishes
offenses not covered by the latter. The provisions of the RPC are supplementary
to such special laws. But the “concept and rule do not apply to special legislation
amending the provisions of the code since they are integrated into and form part
of the latter.”

If a special law is an amendment to a provision of the RPC, the act is

considered a felony. Consequently, the provisions of the RPC are made
applicable to such special law.

Classification of felonies

I. According to manner or mode of execution (Art. 3, RPC)

1. Intentional felonies – committed by means of deceit or malice
(Ex. Murder and Estafa)
2. Culpable felonies – where the wrongful acts result from
imprudence, negligence, lack of foresight or lack of skill (Ex.
Homicide thru reckless imprudence or reckless imprudence
resulting in homicide).
II. According to gravity (Art. 9, RPC)
1. Grave felonies – those to which the law attached the capital
punishment or penalties which in any of their periods are
afflictive in accordance with Art. 25 of the RPC (ex. Rape,
Parricide)
2. Less grave felonies – those which the law punishes with
penalties which in their maximum period are correctional (ex.
Attempted homicide, illegal discharge of firearm)
3. Light felonies – those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding
two hundred (P200.00) pesos, or both, is provided (ex. Slight
physical injuries, alarms and scandal under Article 155)
III. According to stage of execution (Art. 6, RPC)
1. Consummated – when all the elements necessary for its
execution and accomplishment are present.
2. Frustrated – when the offender performs all the acts of
execution which would produce the felony as a consequence

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but which nevertheless do not produce it by reason of causes

independent of the will of the perpetrator.
3. Attempted – when the offender commences the commission of
a felony directly by overt acts of execution which should
produce the felony by reason of some cause or accident other
than his own spontaneous desistance.

Overt act is “some physical activity or deed, indicating the intention to

commit a particular crime, more than a mere planning or preparation, which if
carried to its complete termination following its natural course, without being
frustrated by external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete offense.”

Subjective and Objective phases of a felony

The subjective phase is that portion of the execution of the crime starting
from the point where the offender begins up to that point where he still has
control of is acts. If it reaches the point where he has no more control over his
acts, the subjective phase is passed. If the subjective phase is not yet passed,
the felony would be a mere attempt. If it is already passed, but the felony is not
produced, as a rule, it is frustrated. The objective phase is the result of the acts
of the execution, that is, the accomplishment of the crime. If the subjected and
objective phases are present, there is a consummated felony.

There is no frustrated rape. Rape is either attempted or

consummated. In the crime of rape, from the moment the
offender has carnal knowledge of his victim, he actually
attains his purpose and, from the moment also all the
essential elements of the offense have been accomplished.
Taking in to account the nature, elements and manner of execution of the crime
of rape and jurisprudence on the matter, it is hardly conceivable how the
frustrated stage in rape can ever be committed.

Also, there is no frustrated theft. In Valenzuela v. People of the

Philippines (G.R. No. 160188, June 21, 2007), holding that unlawful taking is the
element which produces the felony of theft in its consummated stage, the
Supreme Court declared that under Article 308 of the RPC, theft cannot have
frustrated stage and that theft can only be attempted or consummated.

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Conspiracy and Proposal to commit felony

Conspiracy and proposal to commit felony are punishable only in the cases
in which the law specially provides a penalty therefor. (Art. 8, RPC) Thus,
conspiracies to commit treason and rebellion as well sedition are punishable by
law. While only other proposals to commit treason and rebellion are punishable.

A conspiracy exists when two

or more persons come to an
agreement concerning the
commission of a felony and decide
to commit it. And there is proposal
when the person who decided to
commit a felony proposes to some
other person or persons.

It is settled rule that conspiracy need not be proved by direct evidence of

prior be proved by direct evidence of prior agreement on the commission of the
crime. The same can be inferred from the conduct of the accused before, during
and after the perpetration of the offense showing that all the accused acted in
unison with each other, evincing a common purpose of design.

Light Offenses

Light offenses are punishable only when they have been consummated,
with the exception of those committed against persons or property. Stated
otherwise, there is no attempted or frustrated light felony except in light
felonies against persons or property.

Likewise, in light felonies, only the principals and accomplices are liable
(Art. 16, RPC).

Mistake of fact

While ignorance of the law excuses no one from compliance therewith

(ignorantia legis non excusat), ignorance or mistake of fact relieves the accused
from criminal liablity (ignorantia facti excusat). See US v. Ah Chong, 15 Phil.
488.

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Criminal Liability

Criminal liability shall be incurred: (1) By any person committing a felony

although the wrongful act done be different from that which he intended, and (2)
By any person performing an act which would be an offense against person or
property, were it not for inherent impossibility of his accomplishment or on
account of the employment of inadequate or ineffectual means. (Art. 4, RPC)

A person committing a felony is criminally liable for all the natural and
logical consequences resulting therefrom although the wrongful act done be
different from that which he is intended.

There are three (3) scenarios under paragraph 1 of Article 4, to wit:

A. Error in personae (mistake in the identity of the victim)

B. Aberration ictus (mistake in the blow)
C. Praeter intentionem (injurious result in greater than that intended)

The felony committed must be the proximate cause of the resulting injury.
Proximate cause has been defined as “that cause, which, in natural and
continuous sequence, unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have occurred.”

El que es causa de las causa del mat causado – He who

is the cause of the cause is the cause of the evil caused.
(People v. Ural, L-30801, March 27, 1974, citing 1 Cuello
Callon, Codigo Penal, 12th Ed., 1968)

Impossible Crime

The requisites of an impossible crime are:

(1) that the act performed must 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.

This is only crime provided for in Book 1 of

the RPC. The court, having in mind the social

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danger and the degree of criminality shown by the offender shall impose the
penalty of arresto mayor or a fine ranging from two hundred (P200.00) to five
hundred (P500.00).

Duty of the court in cases of excessive penalties

The court shall submit to the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, without suspending the
execution of the sentence, when a strict enforcement of the provisions of the
code would result in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused by the offense. (Art. 5,
par. 2, RPC)

Mala in se and Mala prohibita

Crimes mala in se are crimes which are punishable by the RPC. While
crimes mala prohibita are those punishable by special laws enacted for the
orderly regulation of society. In crimes mala in se, intent is essential. On the
other hand, in crimes mala prohibita, intent is not essential as long as the same
are committed voluntarily.

Mala in se are crimes which are wrong from their nature, such as murder,
theft, rape, etc. While mala prohibita are wrong merely because they are
prohibited by statutes, like illegal possession of firearms or violation of the
Omnibus Election Law.

But when the acts are inherently immoral, they are

mala in se, even if punished under special law. (See
People v. Sunico, et al., CA 50 O.G. 5880)

Offenses not subject to the provisions of the Revised Penal Code

Offenses which are or in the future may be punishable under special laws
are not subject to the provisions of the RPC. The code shall be supplementary to
such laws, unless the latter should specially provide the contrary. (Art. 10, RPC)

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Reference:

The Revised Penal Code Book I

Understanding Criminal Law

Atty. Victor Tulalian

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