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Practice Exams

Module 1.2: Felonies - Dolo and Culpa

This module delves into the nature of felonies as defined by the Revised Penal Code of the Philippines, focusing on how they are committed either by deceit (dolo) or by fault (culpa). It also covers related crucial concepts such as the stages of execution, criminal liability in cases of mistake, and the nature of impossible crimes, conspiracy, and proposal.

1. Learning Objectives

By the end of this module, you should be able to:

  • Define a felony and its essential elements under Philippine law.
  • Clearly distinguish between intentional felonies (dolo) and culpable felonies (culpa).
  • Analyze and apply the concepts of error in personae, aberratio ictus, and praeter intentionem to case scenarios.
  • Identify the elements of an impossible crime and its corresponding penalty.
  • Differentiate the consummated, frustrated, and attempted stages of a felony.

2. Definition of Felony (Art. 3, RPC)

Article 3 of the Revised Penal Code (RPC) defines felonies as "acts and omissions punishable by law."

  • Act: Any bodily movement which produces an effect in the external world. It is the external manifestation of one's will.
    • Example: Firing a gun at someone.
  • Omission: The failure to perform a positive duty which one is bound to do under the law.
    • Example: A mother failing to give sustenance to her infant, leading to the child's death. This is an omission punishable as parricide.

For an act or omission to be considered a felony, it must be punishable by the Revised Penal Code. Crimes punished by special laws are called offenses.

3. How Felonies are Committed

Felonies are committed in two ways:

A. By Means of Deceit (Dolo)

This is an intentional felony. The act is performed with deliberate intent or malice.

Elements of Dolo:

  1. Freedom: The offender must have acted on their own volition, without irresistible force or uncontrollable fear.
  2. Intelligence: The offender must have the capacity to understand the nature and consequences of their act.
    • Exempting circumstances: An insane person or a minor under 15 lacks intelligence and thus has no criminal liability.
  3. Intent: The offender has the purpose of committing the crime. This is the criminal intent.
    • General Intent: Presumed from the mere act of committing a wrong. For example, in a homicide case, the intent to kill is presumed from the act of stabbing the victim.
    • Specific Intent: An element of a specific felony that the prosecution must prove. For example, in theft, the specific intent is "to gain" (animus lucrandi).

🔍 Taglish Explanation:

Ang DOLO (Deceit) ay "SINASADYA." Alam mo kung ano ang ginagawa mo, at gusto mo talagang gawin yun. Tatlong kailangan: (1) Freedom - kusang loob mo, walang pumilit, (2) Intelligence - alam mo kung ano consequences ng ginagawa mo (kaya ang baliw at bata ay exempt), at (3) Intent - gusto mo talagang gawin yung krimen.

Halimbawa: Nagalit ka sa kapitbahay mo, kinuha mo ang kutsilyo, at sinaksak mo siya. Yun ay DOLO kasi SINASADYA mo siyang saktan. May freedom ka (walang nag-force), may intelligence ka (alam mong masakit yun), at may intent ka (gusto mo siyang masaktan).

B. By Means of Fault (Culpa)

This is a culpable felony. The injury is not intentional but results from the offender's negligence, imprudence, lack of foresight, or lack of skill.

Elements of Culpa:

  1. Imprudence: Deficiency in action or failing to take the necessary precaution to avoid injury.
    • Example: Recklessly driving a car at high speed in a crowded area.
  2. Negligence: Deficiency in perception or failing to foresee a danger that a reasonable person would have foreseen.
    • Example: A hunter who, without verifying his target, shoots at a moving object in the bushes, killing a person.
  3. Lack of Foresight: Inability to predict the harmful results of one's acts.
  4. Lack of Skill: Failure to possess the necessary ability or care in a particular task, which causes harm.
    • Example: A surgeon performing an operation without the required skill, leading to the patient's death.

🔍 Taglish Explanation:

Ang CULPA (Fault) ay "HINDI SINASADYA" pero nangyari dahil sa pabaya mo (negligence) o recklessness mo (imprudence). Walang intent na manakit, pero nadamay ang tao dahil sa carelessness mo.

Halimbawa: Nag-ddrive ka ng mabilis habang nag-ccellphone, tapos nabangga mo ang isang tao at namatay. CULPA ito - hindi mo naman sinasadyang patayin siya, pero dahil sa IMPRUDENCE mo (reckless driving + cellphone), namatay siya. May criminal liability ka pa rin kahit walang intent!

📌 Board Exam Tip: DOLO = With Intent (Sinasadya), CULPA = Without Intent but with Negligence/Imprudence (Hindi sinasadya pero pabaya)

4. Intentional Felonies vs. Culpable Felonies

Basis Intentional Felonies (Dolo) Culpable Felonies (Culpa)
Mental State Act is malicious; done with deliberate intent. Act is not malicious; injury is unintentional.
Basis of Liability Criminal intent (malice). Negligence, imprudence, lack of foresight, or lack of skill.
Nature of the Act The offender has the intention to cause an injury. The offender's action causes injury as a result of a wrongful act.
Example Homicide: A person kills another with intent to kill. Reckless Imprudence Resulting in Homicide: A person is killed in a car accident due to the driver's reckless driving.

5. Mistake in Criminal Law

When a person commits a felony, the resulting crime may not be exactly what they intended.

  • Error in Personae (Mistake in the Identity of the Victim):
    • The offender commits the crime against a person different from the one intended.
    • Example: X wants to kill Y. At night, X sees Z, whom he mistakes for Y, and kills Z.
    • Legal Effect: The penalty for the intended crime is still applied. If the crime committed is different from what was intended, the penalty for the lesser crime is applied in its maximum period (Art. 49, RPC).

Ang ERROR IN PERSONAE ay "mali ang taong napatay/nasaktan." Gusto mo patayin si Y, pero akala mo si Z ay si Y, kaya si Z ang napatay mo. Liable ka pa rin for HOMICIDE/MURDER kasi may intent ka naman pumatay - nagkamali ka lang ng tao. Hindi excuse ang "mali yung napatay ko."

Halimbawa: May galit ka kay Juan, pero sa dilim, akala mo si Pedro ay si Juan, kaya si Pedro ang sinaksak mo. Kahit hindi si Juan ang napatay mo, Homicide pa rin yan - may intent ka naman pumatay, nagkamali ka lang ng victim.

  • Aberratio Ictus (Mistake in the Blow):
    • The offender, intending to injure one person, actually inflicts it on another because of a mistake in their aim or blow.
    • Example: X aims his gun at Y but misses, and the bullet hits and kills Z instead.
    • Legal Effect: This results in a complex crime. In the example, X is liable for the complex crime of Homicide (for Z's death) with Attempted Homicide (for the attempt on Y's life). The penalty for the more serious crime is applied in its maximum period.

Ang ABERRATIO ICTUS ay "mali ang puntirya" o "mistake in the blow." Gusto mo patayin si Y, pero nung bumaril ka, na-miss mo, at si Z ang nadaplisan/napatay. Dito, DALAWANG KASO ang haharapin mo: (1) Homicide para kay Z (actual victim), at (2) Attempted/Frustrated Homicide para kay Y (intended victim). This is a COMPLEX CRIME - maximum period ng penalty ang aabutin mo!

Halimbawa: Bumaril ka kay Mario pero na-miss mo, at si Pedro (nasa likod ni Mario) ang tamaan at namatay. Liable ka for: (1) Homicide for Pedro's death, at (2) Attempted Homicide kay Mario.

  • Praeter Intentionem (Result is Greater Than Intended):
    • The resulting consequence is graver than what the offender intended.
    • Example: X punches Y, only intending to cause physical injuries. Y falls, hits his head on the pavement, and dies.
    • Legal Effect: The offender is still liable for the graver crime (Homicide). However, the lack of intent to commit so grave a wrong is a mitigating circumstance (Art. 13, par. 3, RPC).

Ang PRAETER INTENTIONEM ay "mas malaki ang nangyari kaysa sa intensyon mo." Gusto mo lang saktan (physical injury), pero namatay. Liable ka pa rin for HOMICIDE, pero considered as MITIGATING CIRCUMSTANCE ang "walang intent to commit so grave a wrong" - ibig sabihin, mas mababa ang penalty mo.

Halimbawa: Sinuntok mo lang si Juan kasi nang-asar siya, pero bumagsak siya, tumama ang ulo sa semento, at namatay. HOMICIDE pa rin, pero mitigating circumstance kasi hindi mo naman talaga gusto patayin - gusto mo lang saktan.

📌 Board Exam Tip - Memorize the 3 Mistakes:

  • Error in Personae = Mali ang TAO (wrong victim)
  • Aberratio Ictus = Mali ang PUNTIRYA (wrong aim, complex crime)
  • Praeter Intentionem = Mas MALAKI ang resulta (greater result, mitigating)

6. Impossible Crime (Art. 4, par. 2, RPC)

An impossible crime is an act that would be an offense against persons or property, but its accomplishment is inherently impossible or the means used is inadequate.

Elements:

  1. The act performed would be an offense against persons (e.g., Homicide, Parricide) or property (e.g., Theft, Estafa).
  2. The act was done with evil intent.
  3. The accomplishment is inherently impossible OR the means employed is inadequate or ineffectual.
  4. The act does not constitute a violation of another provision of the RPC.

Examples:

  • Inherent Impossibility: X stabs a person who is already dead, intending to kill them. The crime of homicide is impossible because the victim is already deceased.
  • Inadequate Means: X tries to poison Y by putting a non-lethal amount of poison in his food.
  • Ineffectual Means: X tries to kill Y by using sugar, believing it to be a deadly poison.

Penalty: The penalty for an impossible crime, according to Article 59 of the RPC, is Arresto Mayor (1 month and 1 day to 6 months) or a fine ranging from 200 to 500 pesos. The law penalizes the criminal tendency of the offender.

7. Stages of Execution (Art. 6, RPC)

  • Consummated: A felony is consummated when all the elements necessary for its execution and accomplishment are present.

    • Example: X shoots Y, who dies instantly. The crime of Homicide is consummated.

  • Frustrated: It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence, but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

    • Example: X stabs Y in the chest, which is a mortal wound. Y is rushed to the hospital and survives due to timely medical intervention. The crime is Frustrated Homicide. The cause independent of X's will is the medical help.

  • Attempted: The offender commences the commission of a felony directly by overt acts, but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than their own spontaneous desistance.

    • Example: X aims a gun at Y, but just as he is about to pull the trigger, a police officer tackles and disarms him. The crime is Attempted Homicide.

Development of a Crime:

  1. Internal Acts: The mere thought or idea of committing a crime. This is never punishable.
  2. External Acts:
    • Preparatory Acts: Acts done as a preliminary step to the commission of a crime. Generally not punishable, except when the law specifically penalizes them (e.g., Conspiracy to commit Rebellion).
    • Acts of Execution: The offender begins to carry out the crime. This is the start of the attempted stage.

8. Conspiracy and Proposal (Art. 8, RPC)

  • Conspiracy: A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
  • Proposal: There is a proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

General Rule: As preparatory acts, conspiracy and proposal to commit a crime are not punishable.

Exceptions: They are punishable only in cases where the law specifically provides a penalty, such as in the following crimes:

  • Treason (Art. 115)
  • Coup d'etat (Art. 136)
  • Rebellion or Insurrection (Art. 136)
  • Sedition (Art. 141)
  • Arson (PD 1613)

9. Quick Review Summary Table

Concept Definition Example
Dolo (Deceit) Felony committed with deliberate intent. A hired killer shoots and kills a target.
Culpa (Fault) Felony committed due to negligence, imprudence, or lack of skill/foresight. A driver texting while driving hits a pedestrian.
Error in Personae Mistake in the identity of the victim. Killing person A, thinking he was person B.
Aberratio Ictus Mistake in the blow, injuring someone other than the intended victim. Aiming at A but hitting B instead.
Praeter Intentionem The resulting harm is greater than intended. Punching someone, who then falls, hits their head, and dies.
Impossible Crime An act that would be a crime against person/property but is impossible to accomplish. Trying to steal from an empty pocket.
Attempted Stage Offender begins commission but does not perform all acts of execution due to an external cause. A thief is caught while trying to pick a lock.
Frustrated Stage Offender performs all acts of execution, but the crime is not produced due to an external cause. A person is stabbed but survives due to medical help.
Consummated Stage All elements for the crime's execution and accomplishment are present. A thief successfully takes another person's wallet.

10. Multiple Choice Practice Questions

Instructions: Choose the best answer for each question. The answer key and explanations are provided at the end.

  1. According to Art. 3 of the Revised Penal Code, felonies are defined as: A) Acts and omissions punishable by special laws. B) Acts and omissions punishable by the Revised Penal Code. C) Only malicious acts punishable by law. D) Only wrongful omissions punishable by law.

  2. When a felony is committed with deliberate intent, it is said to be committed by means of: A) Culpa B) Fault C) Dolo D) Imprudence

  3. Which of the following is NOT an element of an intentional felony (dolo)? A) Freedom B) Intelligence C) Intent D) Negligence

  4. A person driving over the speed limit during a storm hits a pedestrian. What kind of felony is committed? A) Intentional Felony B) Culpable Felony C) Malicious Felony D) None of the above

  5. Pedro, wanting to kill Jose, poisons a drink and gives it to him. Jose drinks it and dies. The crime committed is: A) Attempted Homicide B) Frustrated Homicide C) Consummated Homicide D) Impossible Crime

  6. Juan aims his gun at Mario, but due to a poor aim, the bullet hits and kills a bystander, Maria. This situation is an example of: A) Error in personae B) Praeter intentionem C) Aberratio ictus D) Complex crime of Homicide only

  7. A nurse, intending to kill a patient, injects him with a substance she believes to be poison, but it turns out to be harmless distilled water. What crime is committed? A) Attempted Murder B) Frustrated Murder C) Impossible Crime D) No crime is committed

  8. Which of the following is NOT a requisite of an impossible crime? A) The act performed would be an offense against persons or property. B) The act was done with evil intent. C) The felony was actually produced. D) The means used was ineffectual or the accomplishment was inherently impossible.

  9. Which stage of execution is present when the offender performs all acts that would produce the felony, but it is not produced due to causes independent of his will? A) Consummated B) Frustrated C) Attempted D) Preparatory

  10. Spontaneous desistance by the offender will prevent criminal liability in which stage? A) In the consummated stage, as a mitigating circumstance. B) In the frustrated stage. C) In the attempted stage. D) Spontaneous desistance never affects criminal liability.

  11. X decides to rob a bank and convinces Y and Z to join him. They agree on a plan. What crime has been committed at this point? A) Proposal to Commit Robbery B) Conspiracy to Commit Robbery C) Attempted Robbery D) No crime is committed yet.

  12. The injurious result of the crime is greater than that intended by the offender. This is known as: A) Error in personae B) Aberratio ictus C) Praeter intentionem D) Dolus malus

  13. Which of the following is an example of a felony by omission? A) A security guard shooting a robber. B) A driver failing to stop at a red light. C) A lifeguard who intentionally refrains from saving a drowning person he is duty-bound to save. D) A person shouting in a library.

  14. For a culpable felony to exist, which of the following must be present? A) Malice B) Criminal Intent C) Imprudence or Negligence D) Deliberate will to cause injury

  15. X tried to kill Y by stabbing him. Y was brought to the hospital and survived because of the timely and skillful intervention of the doctors. X is liable for: A) Frustrated Homicide B) Attempted Homicide C) Consummated Homicide D) Serious Physical Injuries

  16. Which of the following preparatory acts is generally punishable under the Revised Penal Code? A) Conspiracy to commit theft. B) Proposal to commit homicide. C) Conspiracy to commit rebellion. D) All preparatory acts are punishable.

  17. Mario wanted to steal a specific antique vase from a museum. He broke in at night but was immediately caught by the guards before he could get near the vase. What crime did Mario commit? A) Consummated Theft B) Frustrated Theft C) Attempted Theft D) Impossible Crime

  18. What is the key difference between the frustrated and attempted stages of a felony? A) The intent of the offender. B) The presence of an external cause preventing the crime. C) The offender performs ALL acts of execution in the frustrated stage, but not in the attempted stage. D) The gravity of the resulting injury.

  19. X mistakes Y for a deer and shoots him. What is the basis of X's liability? A) Dolo, because there was intent to shoot. B) Culpa, due to negligence. C) No liability because of mistake of fact. D) Praeter intentionem.

  20. What is the legal effect of praeter intentionem in a criminal case? A) It is an exempting circumstance. B) It is a justifying circumstance. C) It is a mitigating circumstance. D) It is an aggravating circumstance.

  21. A pickpocket puts his hand in the victim's pocket, intending to steal the wallet, but finds the pocket empty. What crime is committed? A) Attempted Theft B) Frustrated Theft C) Consummated Theft D) Impossible Crime to commit Theft

  22. In error in personae, the offender: A) Hits a person other than the intended victim by mistake in the blow. B) Intends a lesser crime but a graver one results. C) Commits a crime on a person different from the one he intended to victimize. D) Uses ineffectual means to commit a crime.

  23. The general rule is that conspiracy is not a crime. Which of the following is an exception? A) Conspiracy to commit murder. B) Conspiracy to commit sedition. C) Conspiracy to commit estafa. D) Conspiracy to commit physical injuries.

  24. A person who acts with lack of skill is liable for a felony by: A) Dolo B) Malice C) Culpa D) Intent

  25. The "overt act" required for an attempted felony must be: A) A preparatory act. B) An act that has a direct connection to the crime intended to be committed. C) The final act that will consummate the crime. D) An act that is not punishable by law.

Answer Key and Explanations

  1. B) Acts and omissions punishable by the Revised Penal Code.

    • Explanation: Art. 3, RPC explicitly defines felonies as acts and omissions punishable by the code. Offenses are those punished by special laws.

  2. C) Dolo

    • Explanation: Dolo is the Spanish term for deceit, which signifies that a felony was committed with deliberate intent or malice.

  3. D) Negligence

    • Explanation: Negligence is the element of culpable felonies (culpa), not intentional felonies (dolo). Dolo requires freedom, intelligence, and intent.

  4. B) Culpable Felony

    • Explanation: The driver did not intend to hit the pedestrian (no dolo), but the act resulted from his imprudence (driving over the speed limit during a storm), which constitutes culpa.

  5. C) Consummated Homicide

    • Explanation: All the acts of execution were performed, and the intended result (death) was achieved.

  6. C) Aberratio ictus

    • Explanation: This is a classic case of mistake in the blow, where the offender's act injured someone other than the intended victim.

  7. C) Impossible Crime

    • Explanation: The act of injecting the substance was done with evil intent (to kill), but the means used (distilled water) was ineffectual. This fits the definition of an impossible crime.

  8. C) The felony was actually produced.

    • Explanation: The core of an impossible crime is that the felony was not produced because its accomplishment was inherently impossible or the means were ineffectual.

  9. B) Frustrated

    • Explanation: This is the definition of the frustrated stage. The offender has done everything necessary to commit the crime, but an external factor prevents its consummation.

  10. C) In the attempted stage.

    • Explanation: If the offender voluntarily stops (spontaneous desistance) before performing all acts of execution, there is no attempted felony. Desistance in the frustrated or consummated stage does not negate liability.

  11. D) No crime is committed yet.

    • Explanation: Robbery is a crime against property. The general rule is that conspiracy to commit a crime is not punishable. Robbery is not one of the exceptions.

  12. C) Praeter intentionem

    • Explanation: This Latin term directly translates to "beyond the intention" and is used when the consequence of a criminal act is graver than intended.

  13. C) A lifeguard who intentionally refrains from saving a drowning person he is duty-bound to save.

    • Explanation: An omission is the failure to perform a duty required by law. The lifeguard has a specific legal duty to act.

  14. C) Imprudence or Negligence

    • Explanation: Culpable felonies are based on fault, which arises from imprudence, negligence, lack of foresight, or lack of skill, not malice or criminal intent.

  15. A) Frustrated Homicide

    • Explanation: X performed all the acts of execution (stabbing in a vital area), but the crime was not consummated due to a cause independent of his will (the medical intervention).

  16. C) Conspiracy to commit rebellion.

    • Explanation: Conspiracy, a preparatory act, is only punished in specific crimes enumerated by law, one of which is rebellion.

  17. C) Attempted Theft

    • Explanation: Mario commenced the commission of the crime by an overt act (breaking in) but did not perform all acts of execution because he was caught.

  18. C) The offender performs ALL acts of execution in the frustrated stage, but not in the attempted stage.

    • Explanation: This is the primary distinction between the two stages.

  19. B) Culpa, due to negligence.

    • Explanation: X did not intend to kill a person; the harm resulted from his negligence in failing to identify his target properly. This is a culpable act.

  20. C) It is a mitigating circumstance.

    • Explanation: Under Art. 13, par. 3 of the RPC, the fact that the offender had no intention to commit so grave a wrong as that committed is a mitigating circumstance.

  21. D) Impossible Crime to commit Theft

    • Explanation: The act of trying to steal from an empty pocket is an impossible crime because the accomplishment (theft) is inherently impossible. The evil intent is present, but there is no object to be stolen. Note: Some jurisprudence leans toward Attempted Theft, but for board exam purposes, this classic scenario is the prime example of an impossible crime.

  22. C) Commits a crime on a person different from the one he intended to victimize.

    • Explanation: This is the definition of error in personae, or mistake in identity.

  23. B) Conspiracy to commit sedition.

    • Explanation: Sedition is one of the exceptions where the law specifically penalizes conspiracy as a crime.

  24. C) Culpa

    • Explanation: Lack of skill is one of the modalities of fault (culpa), along with negligence and imprudence.

  25. B) An act that has a direct connection to the crime intended to be committed.

    • Explanation: An overt act must be more than a mere preparatory act; it must be a direct movement towards the consummation of the crime.