Felonies, A3 Revised Penal Code

1. Concept Felonies – refer to acts or omissions that are punishable by law. a. Legal basis Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. (Revised Penal Code) b. Acts or omissions Felonies cover both acts and omissions. Acts – refer to action or what a person has done. Omissions – refer to non-action or what a person has not done. 2. Ways of committing a felony There are two (2) ways to commit a felony: 1) By deficit (dolo); or 2) By fault (culpa). a. Deceit Deceit – refers to an “act [that] is performed with deliberate intent.” (REVISED PENAL CODE, Article 3) Several offenses under the Revised Penal Code involve deceit, such as estafa, counterfeiting, forgery, to name a few. b. Fault Fault – refers to a “wrongful act [that] results from imprudence, negligence, lack of foresight, or lack of skill.” (REVISED PENAL CODE, Article 3 This is covered by acts involving criminal negligence, such as reckless imprudence resulting in homicide or damage to property. 3. Other things to note The following are other things to note. a. Felonies vs Crimes Some law authors and/or law books distinguish felonies from crimes stating that felonies are those penalized under the Revised Pen...