Requisites and Elements

Question 1

Requisites of dolo

Answer 1

Criminal intent;
Freedom of action;
Intelligence

Question 2

Requisites of culpa

Answer 2

Criminal negligence;

Freedom of action

Question 3

Requisites of mistake of fact

Answer 3

That the act done would have been lawful had the facts been as the accused believed them to be;
That the intention of the accused in performing the act is lawful; and
That the mistake must be without fault or carelessness on the part of the accused.

Question 4

Requisites of proximate cause

Answer 4

1. The direct, natural, and logical cause;
2. Produces the injury or damage;
3. Unbroken by any efficient intervening cause; and
4. Without which the result would not have occurred

Question 5

Requisites of an impossible crime

Answer 5

1. Act performed would be an offense against persons or property;
   NOTE: Kidnapping is a crime against personal security and not against person or property, thus there can be no impossible crime of kidnapping
2. Act was done with evil intent;
3. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual; and
4. Act performed should not constitute a violation of another provision of RPC

Question 6

Requisites of self-defense

Answer 6

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of the person defending himself.

Question 7

Requisites AVOIDANCE OF GREATER EVILOR STATE OF NECESSITY

Answer 7

1. Evil sought to be avoided actually exists;
2. Injury feared be greater than that done to avoid it;
3. There be no other practical and less harmful means of preventing it; and
4. There must be no contribution on the part of the accused what caused the evil to arise.

Question 8

Requisites of fulfillment of duty

Answer 8

1. Accused acted in the performance of a duty or in the lawful exercise of a right or office; and
2. Injury caused or offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

Question 9

Requisites of obedience to an order issued for some lawful purpose

Answer 9

1. An order has been issued by a superior;
2. Such order must be for some lawful purpose; and
3. Means used by the subordinate to carry out said order is lawful.

Question 10

Requisites of compulsion of irresistible force

Answer 10

1. Compulsion is by means of physical force;
2. Physical force must be irresistible; and
3. Physical force must come from a third person.

Question 11

Requisites PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE

Answer 11

1. An act is required by law to be done;
2. A person fails to perform such act; and
3. Failure to perform such act was due to some lawful or insuperable cause.

Question 12

Elements of felonies (BAR 2015)

Answer 12

1. An act or omission;
2. Punishable by the Revised Penal Code;
3. The act is performed or the omission incurred by means of deceit or fault

Question 13

Elements of uncontrollable fear

Answer 13

1. Existence of an uncontrollable fear;
2. Fear must be real and imminent; and
3. Fear of an injury is greater than or equal to that committed.

Question 14

Elements of passion or obfuscation as a mitigating circumstance

Answer 14

1. Accused acted upon an impulse; and

2. Impulse must be so powerful that it naturally produced passion or obfuscation in him.

Question 15

Causes which may produce a result different from that which the offender intended

Answer 15

Mistake in identity (2 person involved);
Mistake in blow (3 person involved);
Mistake of fact

Question 16

requisites of a frustrated felony are:

the perpetrator’s will.

Answer 16

(1) that the offender has
performed all the acts of execution which would produce the felony;
and (2) that the felony is not produced due to causes independent of

Question 17

There i s an attempt w h e n t h e offender

Answer 17

commences the commission of a felony d i r e c t l y by overt acts, and
does not perform all the acts of e x e c u t i o n w h i c h s h o u l d produce t he felony
b y r e a s o n o f s o m e c a u s e o r accident other t h a n h i s o wn spontaneous desistance.

Question 18

Consummated felony.

A felony is consummated when

Answer 18

all the elements necessary for

its execution and accomplishment are present.

Question 19

Requisites of conspiracy:

Answer 19

1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a felony;
   and
3. That the execution of the felony be decided upon.

Question 20

Requisites of proposal:

Answer 20

1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or
   persons.

Question 21

Requisites of defense of relatives:

Answer 21

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or
   repel it; and
3. In case the provocation was given by the person attacked,
   the one making a defense had no part therein.

Question 22

Requisites of defense of stranger:

Answer 22

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or
   repel it; and
3. The person defending be not induced by revenge, resentment,
   or other evil motive.

Question 23

Art. 12. Circumstances which exempt from criminal liability.

Answer 23

1. An imbecile or an i n s a n e person, u n l e s s the l a t t er has a c t e d during a l u c id interval. When the imbecile or an insane person has committed
   an act w h i c h the l aw defines as a felony (delito), the court sha’l order h i s confinement i n o n e o f t h e h o s p i t a l s or asylums e s t a b l i s h e d for p e r s o n s thus afflicted, w h i c h he shall not be permitted t o l e a v e without first o b t a i n i n g t h e permission of
   the same court.
2. A p e r s o n under n i n e years of age.*
3. A p e r s o n over n i n e y e a r s of a g e and under fifteen, unless he has a c t e d w i t h discernment, i n w h i c h case, s u ch minor shall be p r o c e e d e d against i n accordance w i t h the provisions of Article 80 of t h i s Code. When s u c h minor i s adjudged t o b e criminally irresponsible, t h e court, in conformity w i t h t h e provisions o f t h i s a n d the preceding paragraph, shall commit h im t o t h e care and custody
   of h i s family w h o shall be charged w i t h h i s surveillance and education; o t h e r w i s e , he shall be committed t o the care of some i n s t i t u t i o n or p e r s o n m e n t i o n e d i n s a i d Article 80.**
4. Any p e r s o n who, w h i l e performing a lawful act w i th due care, c a u s e s a n injury by m e r e a c c i d e n t w i t h o u t fault or i n t e n t i o n of c a u s i n g it.
5. Any p e r s o n who acts under the compulsion of an
   i r r e s i s t i b l e force.
6. Any p e r s o n w h o a c t s u n d e r t h e impulse o f a n uncont r o l l a b l e fear of a n equal or g r e a t e r injury.
7. Any p e r s o n w h o fails t o perform an act required by law, w h e n p r e v e n t e d by some lawful or insuperable cause.

Question 24

Circumstances which can mitigate criminal liability

Answer 24

1. Incomplete justifying or exempting circumstance; (BAR 1990, 1996)
2. The offender is under 18 or over 70 years old;
3. No intention to commit so grave a wrong (praeter intentionem); (BAR 2000, 2001)
4. Sufficient threat or provocation;
5. Vindication of a grave offense; (BAR 1993, 2000, 2003)
6. Passion or obfuscation;
7. Voluntary surrender; (BAR 1992, 1996, 1997, 1999)
8. Physical defect;
9. Illness of the offender;
10. Similar and analogous circumstances; and
11. Humanitarian reasons