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Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Crimes committed by performing an act?

Hmmm, that’s hard. 


Oh, no need to answer that. That’s very self-explanatory.

Let’s move on to the real deal which is a crime without performing an act.

What is it?

Before I give example for this. Bear in mind that the omission to be a crime must be punishable by law.

Yeah, it must be punishable. It is not just about failing to say “Hi” to your teacher that will make you a criminal. It’s not that.

However, if there is, indeed, a LAW punishing any student who does not say good morning to their teacher during the day and shall be punished by arresto menor. Then, that’s what’s all about.

And, you will go to jail for that.


For not saying “Good morning?”

Are you kidding me?


But only if………………….. there’s a law for that.

And, that is the crime of forgetting to say Good Morning.


Now, let’s go to the real stuff. So much for the kiddies.


These are really the felonies by OMISSION. 

Article 275, paragraph 1. 

Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded or in danger of dying, is liable for abandonment of persons in danger.

Article 213, paragraph 2 (b)

An officer entrusted with the collection of taxes who voluntarily fails to issue receipts as provided by law, is guilty of illegal exaction.

Article 116

Every person owing allegiance to the Philippines, without being a foreigner, and having knowledge of any conspiracy against the government, who does not disclose and make known the same to the proper authority, is liable for misprision of treason.

Got it?



If you witness a crime.

Are you punishable if you did not report it to the police?

Answer: Click here

Decided Case: People v Silvestre and Atienza

Punishable by law”

Also, strictly speaking when you say the following words like;

Felony – Offenses punished under the Revised penal Code

Crimes – Offenses punished by special laws.

But, let’s just use the two words in its loosed sense. What’s important is you know when to use them when asked.

The Phrase “punishable by law” should be understood to mean punishable by the Revised Penal Code and not by special Law.

This is other element of a felony.

Remember, “nullum crimen, nulla poena sine lege,”

Ouch! Is your nose bleeding?

It simply means that…

“there is no crime where there is no law punishing it.


Now, the second paragraph.

The second paragraph of Article 3

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

It means there are only two kinds of felonies;

  1. Intentional (dolo)
  2. By fault (culpa)

Dolo means intentional, intentional means there is malice, and malice means dolo.  Better to know them by heart, so that baliktarin man ang mundo, you won’t be missing out with them.

Felonies committed by means of dolo or malice. 


Andrew likes Bella very much but she doesn’t care so much about him. So, he rapes Bella.

Felonies committed by means of fault. 


Andrew got drunk when he went home. He thought he was home. But he unknowingly entered at the  house of Cassandra. He went inside the room and thought Cassandra sleeping naked on her bed as his wife. He wanted to have sex with her. She grappled but she was overpowered finally. After the incident, she cried for help. And, she filed a case against Andrew who defended that he was drunk and he thought that the woman on the bed was his wife who he believed was inside his house.

He was convicted.

The reason is even if it was really his wife, he would still be convicted of marital rape.

This is not a case of mistake of fact. Because in mistake of fact, the act done would have been lawful.

Here, non-consensual sex even with your wife or girlfriend is rape. So, the act done could not be lawful.

It is like Juan wanted to kill Pedro. Instead, he mistakenly murdered Sebastian. Again, this is not a case of mistake of facts but a mistake in persona. Juan must be convicted.

But malice or fault is not required in offenses punished by special law.


Agustus is an Italian tourist. At Manila International Airport, he was found to have some cocaine in the inner pocket of his luggage. When he was arrested, he countered that he didn’t know about it. Maybe it was planted there or inserted by some bad guys.

He was imprisoned and convicted.



In crimes penalized under special law are malum prohibitum.  The mere possession of contraband is enough to convict him . And, take note that it was found in the inner pocket of his luggage. It doesn’t matter whether he had no intention to bring it, or even he merely brought it for medical reason or for whatever good intent (good faith) he might have had. Still, it is a crime.

But of course, his other allegation that it was planted must be investigated. And, if found true, it’s a good defense.

So, that’s how it works. But unlike, in the Revised Penal Code, all cases are mala in se. So, malice is needed to convict the violator.