3. Felony
an act or omission punishable by law
A serious kind of crime
Committed not only by means of deceit(dolo) but by
means of fault
4. Elements of Felonies
There must be an “act” or “omission”
The act or omission should be punishable by law
The act is performed or the omission incurred by
means of dolo or culpa
5.
6. Principal -direct participation
- by inducement
- by indispensable cooperation
Accomplice – accessory before the fact
Accessory – accessory after the fact
-profiting themselves or assisting others to profit
-concealing, destroying body of the crime, effects,
instruments to prevent its discovery
-harboring concealing, assisting the escape of the
principal
Persons criminally liable
7. Classification of felonies accg to
execution
Consummated
Frustrated
Attempted
conspiracy – two or more person agreed and committed the
felony; a means by which another person is held liable for the
commission of a crime; each criminal is responsible for the
acts of his associates provided such act is a result of a
common plan.
proposal - a person who decided to commit a felony
proposes its execution to another
8. Classification of felonies accg to
the degree of punishment
Grave Felonies
6 yrs & 1 day –life imprisonment
fine not exceeding P6,000
Less grave Felonies
1 month & 1 day -6 yrs imprisonment
fine not exceeding P6,000 but not less than P200
Light Felonies
Punishable only when consumated
1 day to 30 days
10. Justifying Circumstances
Free from criminal and civil liability
Self defense
Defense of relatives – up to 4th
degree of cosanguinity
Defense of a stranger not induced by resentment,
revenge or other evil motive
Who acts in the fulfillment of duty
Who acts in obedience to an order for some lawful
purposes
11. Presence of unlawful aggression
lack of sufficient provocation on the person defending himself
reasonable necessity of the means employed to prevent /repel it
12. . Exempting – no criminal
liability only civil liability
mistake of fact
An insane or imbecile unless acted during lucid interval
Under 9 years of age
Over 9 under 15, unless acted with discernment
While performing a lawful act w/ due care causes an injury
by mere accident without fault or intention of doing it
Who acted under the compulsion of an irresistible
force from a third person
Impulse of uncontrollable fear
Insuperable or lawful cause
13. Mitigating
Under 18 or over 70
No intention to commit so grave a wrong
Sufficient provocation or threat on the part of the
offended party immediately preceded the act
Voluntary surrender
Deaf, dumb or blind or suffering from physical defect
Such illness that would diminish the exercise of his
will power
14. Justiying vs. Exempting
circumstances
Justifying Circumstances Exempting Circumstances
1. It affects the act not the actor 1. It affects the actor not the act
2. The act is considered to have been
done within the bounds of law; hence,
legitimate and lawful in the eyes of the
law
2. The act complained of is actually
wrongful, but of the actor is not
liable
3. There is no crime 3. There is crime but no dolo and culpa
4. No criminal or civil liability 4. There is criminal liability
15. Aggravating
Advantage of public position
In contempt or insult to public authorities
Abuse of confidence or obvious ungratefulness
Committed on occasion of epidemic, conflagration,
shipwreck or other calamity or misfortune
In consideration of a price or reward or promise
Committed by means of fire, explosion, stranding of a
vessel with evident premeditation
craft, fraud or disguise
16. Alternating ( either mitigating
or aggravating)
relationship, intoxication, degree of education
17. Crimes against persons
1. parricide – ascendants, descendants (legitimate of
illegitimate), spouse
2. murder – with intent to kill
3. homicide – without intent to kill
4. infanticide - less than 3 days of age
5. child abuse - any form of cruelty to a child’s moral
or metal well being or any form of sexual attack w/c
may or may not amount to rape.
18. 7. abused/neglected child – suffering from serious
physical or emotional injuries inflicted on them
including malnutrition
19. 8. sexual harassment – words, gestures actions w/c
tend to annoy and verbally abuse another person
9. simulation of birth – crime against status by
substitution of one child with another; concealing or
abandoning any legitimate child with intent to lose
civil status
20. 10. misdemeanor – use to express every offense
inferior to felony and punishable by indictment or
by particular prescribed proceedings.
21. Performing a procedure on a client in the absence
of informed consent can lead to which of the
following charges?
a) fraud
b) Harassment
c) Battery
d) breach of confidentiality
22. The nursing staff is sitting in the lounge taking
their morning break. A nurse assistant tells the
group that she hear that the unit security has
acquired immunodeficiency syndrome (AIDS).
The nursing assisting proceeds to tell the nursing
staff that the secretary contracted the disease
from her husband, who is supposedly a drug
addict. Which legal tort has the nursing assistant
violated?
a) slander
b) Libel
c) assault
d) negligence
23. A 16 year old male robbed a bank killing two (2)
security guards with his unlicensed gun. Which
concept on crimes will be most applicable to this
case?
a) consummated, grave felony, exempting circumstances
b) consummated, less grave felony, mitigating
circumstance
c) grave felony, consummated, mitigating circumstances
d) less grave felony, consummated, exempting
circumstance
