All I Know About Law

     It is a misapprehension of fact on the part of the person causing the injury to another. Such person is NOT criminally liable as he acted without criminal intent. Requisites: 1. The act done would have been lawful  had the facts been as the accused believed them to be; 2. The intention of the accused in performing the act should be lawful; and 3. The mistake must be without fault or carelessness on the part of the accused. When defense of mistake of fact not applicable. 1. When there is mistake in identity; 2. When there is negligence on the part of the accused; or 3. When the accused committed a culpable felony.

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 an...