Distinctions Between Crime, Felony, Offense, Infractions

DISTINCTIONS BETWEEN
CRIME, FELONY, OFFENSE, INFRACTIONS

DISTINCTIONS
FELONY – OFFENSE – INFRACTIONS –
punishable by the punishable by punishable by city
Revised Penal special penal laws or municipal
Code ordinances
CRIME, DEFINED
An act committed or omitted in

violation of a public law forbidding
or commanding it.
Sample Question
Which of the Following is an act or omission
punishable by law?
A. Felony
B. Offense
C. Infractions
D. Crime
Sample Question
Which of the Following is an act or omission
punishable by law?
A. Felony
B. Offense
C. Infractions
D. Crime
CHARACTERISTICS OF CRIMINAL LAW
CHARACTERISTICS OF CRIMINAL LAW
• General- criminal law is binding on all persons who

live or sojourn in the Philippines, regardless of age,
sex or nationality.
• Territorial- criminal laws are applicable only if the
crime is committed within Philippine territory.
• Prospective- criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed. See Art 366. (The law
looks forward and not backwards)
EXCEPTIONS TO THE GENERAL
CHARACTERISTICS
1. As provided by treaty stipulations-
2. 2. As provided by laws of preferential applications- RA 75
grants protection to diplomatic representatives, ambassador
or other public ministers of foreign countries including their
domestic servants authorized and received by the President.
3. Persons who are exempt because of certain principles of
international laws:
• Sovereigns and other heads of states
• Ambassadors, minister plenipotentiaries, minister residents
and charges d’ affaires.
EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS
1. When the offender shall commit an offense on a Philippine
ship or airship.
2. When the offender should forge or counterfeit any coin or
currency note of the Philippines or obligations and securities
issued by the Philippine government.
3. When the offender should be liable for the acts connected
with the introduction into the Philippines of the obligations and
securities mentioned in number two.
4. When the offender who is a public officer or employee
abroad shall commit an offense in the exercise of his
functions.
5. When the offender should commit an offense against the
national securities and the laws of nations.
PROSPECTIVE CHARACTERISTICS
• Also known as prospectivity
• Also known as irretrospectivity.
• It means the law (as a general rule) does not have
retroactive effect.
EXCEPTION TO THE PROSPECTIVE CHARACTER:
When the new law is favorable to the accused.
EXCEPTION TO THE EXCEPTION

• When the offender is a habitual criminal.
• When the new law expressly provides it has no
application or retroactive effect to pending
actions/cases.
DISTINCTIONS BETWEEN RECIDIVISM,
REPETITION/REITERACION, HABITUAL DELINQUENCY
and QUASI-RECIDIVISM
THEORIES IN CRIMINAL LAW
THEORIES IN CRIMINAL LAW
• Classical (Juristic) Theory- the basis of criminal liability is

human free will and the purpose of penalty is retribution. Man
is a moral creature with an absolute free will to choose
between good and evil. Here more stress is placed upon the
result of the crime than the criminal. There is scant regard for
the human element.
• Positivist (Realistic) Theory. Man is subdued occasionally
by a strange and morbid phenomenon which constrain him to
do wrong. Crime is a social and natural phenomenon; it
cannot be treated therefore by the application of abstract
principles of law or by the imposition of punishment. The
purpose of penalty is reformation of accused. Offender is
regarded as a sick person who needs treatment.
CLASSICAL THEORY
• The basis of criminal liability is human free will and
the purpose of penalty is retribution.
• Man is a moral creature with an absolute free will
to choose between good and evil.
• Here more stress is placed upon the result of the
crime than the criminal.
• There is scant regard for the human element
POSITIVIST THEORY
• Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do
wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the application
of abstract principles of law or by the imposition of
punishment.
• The purpose of penalty is reformation of accused.
• Offender is regarded as a sick person who needs
treatment.
FELONY
FELONY
Art. 3. Definitions. — Acts and omissions punishable
by law are felonies (delitos).
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.
ELEMENTS OF FELONIES IN GENERAL:
• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by means
of dolo or culpa.
• Act- is any bodily movement tending to
produce some effects in the external world.
• Omission- inaction, the failure to perform an
act one is bound to do.
REQUISITES OF DOLO OR MALICE (INTENTIONAL
FELONIES)
• Freedom of action
• Intelligence
• Intent
MEN’S REA
• Criminal Intent
• The gravamen of a certain crime
REQUISITES OF FAULT OR CULPA (CULPABLE
FELONIES)
• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight or lack of
skill
IMPRUDENCE VS. NEGLIGENCE
IMPRUDENCE VS. NEGLIGENCE
• Imprudence involves lack of skill. Negligence

involves lack of foresight
• Imprudence involves a deficiency of action.
Negligence indicates a deficiency of perception.
• Failure to make precaution/pag-iingat is
imprudence. Failure to use diligence is negligence.
IMPRUDENCE
NEGLIGENCE
MISTAKE OF FACT
MISTAKE OF FACT
Mistake of fact- is a misapprehension of
fact on the part of the person who caused
injury to another. He is not liable for
absence of criminal intent
REQUISITES OF MISTAKE OF FACT
• The act would have been lawful had the facts been as
the accused believed them to be.
• The intention of the accused in performing the act
should be lawful.
• That the mistake must be without fault or carelessness
on the part of the accused
MOTIVE and INTENT
MOTIVE and INTENT
Motive- the moving power which impels one to
action for a definite result.
Intent is the purpose to use a particular manes to
effect such result.
NOTE”: Motive is not an element of a crime and

need not be proved. Intent is an element of a crime
and must be proved.
CRIMINAL LIABILITY
CRIMINAL LIABILITY, DEFINED
Criminal liability does not only mean the obligation

to serve the personal or imprisonment penalties but
it also includes the liability to pay the fines or
pecuniary penalties.
CRIMINAL LIABILITY
Art. 4. Criminal liability. — Criminal liability shall be
incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
intended.
2. By any person performing an act which would be an
offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means.
Article 4 (1) may refer to either:
• Error in personae- mistake in identity
of victim.
• Aberratio Ictus- mistake in blow.
• Praeter Intentionem- result done is
greater than that originally intended.
Error in personae
INTENDED
VICTIM
ACTUAL
VICTIM
Aberratio Ictus
ACTUAL
VICTIM
INTENDED
VICTIM

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DISTINCTIONS BETWEEN

CRIME, FELONY, OFFENSE, INFRACTIONS

An act committed or omitted in

• General- criminal law is binding on all persons who

EXCEPTION TO THE EXCEPTION

• Classical (Juristic) Theory- the basis of criminal liability is

• Imprudence involves lack of skill. Negligence

NOTE”: Motive is not an element of a crime and

Criminal liability does not only mean the obligation

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