Professional Documents
Culture Documents
a) Felonies
(1) are acts and omissions punishable by law or by the revised
penal code.
b) They are committed
(1) either by deceit (Dolo) or by fault (Culpa). There is dolo
(intentional felonies) when the acts is performed with deliberate or
malicious intent to cause an injury to another; and there is culpa
(culpable felonies) when the wrongful act results from (1)
imprudence, (2) negligence, (3) lack of foresight, or (4) lack of
skill.
2
- Criminal Intent is presumed from the commission of an unlawful act. A felonious act
committed with intelligence and freedom is presumed to be committed with intent to
do harm in the absence of evidence to the contrary. The presumption does not,
however, arise from the commission of an act which is NOT unlawful.
- There is no felony by dolo if there is no intent.
- Actus non facit reum, nisi mens sit rea a crime is not committed if the mind of the
person performing to act complained be innocent.
9. Mistake of fact.
a) While ignorantia legis non excusat ignorance of the law excuses
no one from compliance therewith, ignorance or mistake of fact relieves
the accused from criminal liability ignorantia facti excusat.
b) Mistake of fact is a misapprehension of fact on the part of the
person who caused injury which excuses him from criminal liability there
being no criminal intent.
c) An honest mistake of fact destroys the presumption of criminal
intent which arises upon commission of a felonious act.
d) Requisites of mistake of fact as a defense.