Felonies are acts or omissions punishable by the Revised Penal Code.
Elements of Felonies
1. There must be an act or omission;
2. The act or omission is punishable by the Revised Penal Code; and
3. The act performed pr the omission is incurred by means of dolo (malice) or Culpa (fault)
Intentional Felonies
The act is performed or the omission is incurred with deliberate intent or malice to do an injusry.
Requisites of Dolo or Malice
1. Freedom
It is the voluntariness on the part of the person to commit an act or omission.
2. Intelligence
It is the capacity to know and understand the consequence of one's act.
3. Intent
It is the purpose to use a particular means to effect such result.
It is a mental state. Hence, it's existence is shown by overt acts.
Culpable Felonies
The act or omission is not malicious. The injury caused bu the offender to another person is unintentional, it being simply the incident of another act performed without malice.
Requisites of Culpa
1. Freedom
2. Intelligence
3. Negligence
It indicates a deficiency of perception; It is the failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. (Usually involves lack of foresight)
Imprudence
It indicates a deficiency of action; It is the failure to take the necessary precaution to avoid injury to person or damage to property. (Usually involves lack of skill)
Elements of Felonies
1. There must be an act or omission;
2. The act or omission is punishable by the Revised Penal Code; and
3. The act performed pr the omission is incurred by means of dolo (malice) or Culpa (fault)
Intentional Felonies
The act is performed or the omission is incurred with deliberate intent or malice to do an injusry.
Requisites of Dolo or Malice
1. Freedom
It is the voluntariness on the part of the person to commit an act or omission.
2. Intelligence
It is the capacity to know and understand the consequence of one's act.
3. Intent
It is the purpose to use a particular means to effect such result.
It is a mental state. Hence, it's existence is shown by overt acts.
Culpable Felonies
The act or omission is not malicious. The injury caused bu the offender to another person is unintentional, it being simply the incident of another act performed without malice.
Requisites of Culpa
1. Freedom
2. Intelligence
3. Negligence
It indicates a deficiency of perception; It is the failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. (Usually involves lack of foresight)
Imprudence
It indicates a deficiency of action; It is the failure to take the necessary precaution to avoid injury to person or damage to property. (Usually involves lack of skill)
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